Bernard Durkan (Kildare North, Fine Gael)
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Question 162: To ask the Minister for Justice, Equality and Law Reform the current or expected position in relation to an application for residency in the case of a person (details supplied) in County Galway; and if he will make a statement on the matter. [39109/08]

Dermot Ahern (Louth, Fianna Fail)
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I refer the Deputy to Parliamentary Question No. 221 of Thursday 3 April 2008 and the written Reply to that Question.

The person concerned applied for asylum in the State on 7 February 2005. Her application was refused following consideration of her 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 person concerned was informed, by letter dated 29 December 2005, that the Minister proposed to make a Deportation Order in respect of her. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why she should be allowed to remain temporarily in the State. Representations have been submitted on behalf of the person concerned and will be fully 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, before the file is passed to me for decision.

Bernard Durkan (Kildare North, Fine Gael)
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Question 163: To ask the Minister for Justice, Equality and Law Reform the current or expected position in relation to an application for residency in the case of a person (details supplied) in Dublin 7; and if he will make a statement on the matter. [39110/08]

Dermot Ahern (Louth, Fianna Fail)
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The person concerned arrived in the State on 10 June 1997 and claimed asylum. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal.

The person concerned was informed by letter dated 1 June 2001 that the Minister proposed to make a Deportation Order in respect of him and afforded him three options in accordance with Section 3(3)(b)(ii) of the Immigration Act, 1999 (as amended), namely to leave the State voluntarily, to consent to the making of a Deportation Order or to submit, within 15 working days, written representations to the Minister setting out the reasons why he should be allowed to remain temporarily in the State i.e why he should not be deported.

His case was examined 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. The person concerned submitted an application for EU Treaty Rights. The person concerned was informed by letter dated 8 July 2004 that his application had been refused. On 26 August 2004 the then Minister refused permission to remain temporarily in the State and instead signed a Deportation Order in respect of him. Notice of this order was served by registered post requiring the person concerned to present himself at the Garda National Immigration Bureau (GNIB), 13-14 Burgh Quay, Dublin 2 on Thursday 27th January 2005 in order to make travel arrangements for his removal from the State.

A further application was made by the legal representatives of the person concerned for EU Treaty Rights in February 2005. The person concerned was notified by letter dated 26 July 2005 that this application had been refused.

The enforcement of the Deportation Order is an operational matter for the Garda National Immigration Bureau. The effect of the Deportation Order is that the person concerned must leave the State and remain thereafter out of the State.