Bernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context

Question 952: To ask the Minister for Justice, Equality and Law Reform the position in relation to an application for leave to remain here in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [30758/08]

Dermot Ahern (Louth, Fianna Fail)
Link to this: Individually | In context

I refer the Deputy to Parliamentary Question No. 856 of Thursday, 10 July 2008, and the written Reply to that Question.

The person concerned, and her minor child, applied for asylum on 24 May 2005. The person concerned subsequently gave birth to a second child in the State and this child was also included in his mother's asylum application. The asylum application of the person concerned was refused following consideration of the case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal.

Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), the 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 person concerned. Following consideration of the case of the person concerned, and her two children, 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, Deportation Orders were signed in respect of the person concerned and her two children on 3 March 2006. Following the consideration of further representations submitted on behalf of the person concerned, the Deportation Orders were affirmed on 26 July 2006.

Judicial Review Proceedings were subsequently initiated on behalf of the person 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 person concerned would be allowed to submit new representations within 21 working days.

The person concerned submitted fresh representations. In addition she 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 person concerned will be notified in writing of the outcome.

In the event that the Subsidiary Protection application is refused, the case file of the person 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 person concerned is passed to me for decision.