Bernard Durkan (Kildare North, Fine Gael)
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Question 209: To ask the Minister for Justice, Equality and Law Reform the current or expected residency status in the case of a person (details supplied) in County Limerick; and if he will make a statement on the matter. [26517/08]

Dermot Ahern (Louth, Fianna Fail)
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The person referred to by the Deputy first applied for Asylum on 25/9/2003. This claim was assessed by the Refugee Applications Commissioner who concluded that the person concerned did not meet the criteria for recognition as a refugee. The applicant appealed this recommendation but failed to attend her appeal hearing. The Minister issued his decision to the applicant by letter dated 09/03/2005.

Subsequently, the applicant applied to my Department under section 17(7) of the Refugee Act, 1996 to be readmitted to the asylum process. My Department's Ministerial Decisions Unit examined the details of same and concluded that the applicant should be readmitted to the asylum process. The person referred to by the Deputy reapplied for asylum on 27/11/2007. The claim was assessed by the Refugee Applications Commissioner who concluded that the person concerned did not meet the criteria for recognition as a refugee.

The Commissioner's recommendation was communicated to her by letter dated 14/05/08. This communication advised the person of her entitlement to appeal the Commissioner's recommendation to the Refugee Appeals Tribunal. The applicant failed to do so within the statutory time limit.

In accordance with the normal procedures, the applicant's file has been forwarded to my Department's Ministerial Decisions Unit for final processing of the Asylum claim. A letter will issue to her from my Department advising her formally that her asylum claim has been rejected and affording her three options as follows:

1. Return home voluntarily

2. Consent to the making of a deportation order, or

3. Make written representations to me within 15 working days for temporary leave to remain in the State and/or make an application for subsidiary protection under the European Communities (Eligibility for Protection) Regulations 2006 (SI No. 518 of 2006).