Bernard Durkan (Kildare North, Fine Gael)
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Question 124: To ask the Minister for Justice, Equality and Law Reform the current or expected residency status in respect of a person (details supplied) in County Louth; and if he will make a statement on the matter. [5502/09]

Dermot Ahern (Louth, Fianna Fail)
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I refer the Deputy to Parliamentary Question No. 215 of Thursday, 3 July 2008, and the written Reply to that Question.

The person concerned applied for asylum on 7 March 2002. 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 15 May 2003, 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 were submitted on behalf of the person concerned at that time.

On 21 March 2005 the person concerned submitted an application under the revised arrangements for non-national parents of Irish born children, born in the State before 1 January 2005, commonly referred to as the IBC/05 scheme. This application was refused as the child referred to in the application of the person concerned was born in February 2005 and, as such, did not have an automatic entitlement to Irish citizenship. The decision to refuse this application was conveyed in writing to the person concerned by letter dated 7 September 2005.

On 19 April 2007 an application for Subsidiary Protection in the State was submitted on behalf of the person concerned. This application is under consideration at present and when a decision has been made on this application, this will be conveyed in writing to the person concerned.

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.