Bernard Durkan (Kildare North, Fine Gael)
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Question 856: To ask the Minister for Justice, Equality and Law Reform if extended leave to remain in Ireland will be offered to persons (details supplied) in County Meath; and if he will make a statement on the matter. [29252/08]

Dermot Ahern (Louth, Fianna Fail)
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The first named person concerned is the mother of the second and third named persons. The first named person concerned, accompanied by the second named person, arrived in the State on 24 May 2005 and applied for asylum. The child was included in her mother's asylum application. The first named person concerned subsequently gave birth to a second child, a son, in the State and this child was also included in his mother's asylum application. The asylum application of the first named person concerned was refused following consideration of the case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.

Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), the first named person concerned was informed, by letter dated 16 January 2006, that the Minister proposed to make deportation orders in respect of her and her two children. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of deportation orders or of making representations to the Minister setting out the reasons why she and her children should be allowed to remain temporarily in the State. Representations were submitted on behalf of the persons concerned at that time. Following consideration of the case of the persons concerned under Section 3 of the Immigration Act, 1999 (as amended) and Section 5 of the Refugee Act, 1996 (as amended) on the prohibition of refoulement, deportation orders were signed in respect of the persons concerned on 3 March 2006. Following the consideration of further representations submitted on behalf of the persons concerned, the deportation orders were affirmed on 26 July 2006.

Judicial Review Proceedings were initiated on behalf of the persons concerned challenging the deportation orders. These proceedings were settled on 27 November 2006. As part of the Terms of Settlement, it was agreed that the deportation orders would be quashed and the persons concerned would be allowed to submit new representations within 21 working days.

The persons concerned submitted fresh representations. In addition, they submitted an application for Subsidiary Protection in the State in accordance the European Communities (Eligibility for Protection) Regulations, 2006 (S.I. No. 518 of 2006).

The Subsidiary Protection application is under consideration at present. When consideration of this application has been completed, the persons concerned will be notified in writing of the outcome.

In the event that the Subsidiary Protection application is refused, the case file of the persons concerned, including all representations submitted, will then be considered under Section 3(6) of the Immigration Act, 1999 (as amended) and Section 5 of the Refugee Act, 1996 (as amended) on the prohibition of refoulement. When this latter consideration has been completed, the case file of the persons concerned is passed to me for decision.