Terence Flanagan (Dublin North East, Fine Gael)
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Question 261: To ask the Minister for Justice, Equality and Law Reform if he will respond to correspondence from a person (details supplied); and if he will make a statement on the matter. [7034/09]

Dermot Ahern (Louth, Fianna Fail)
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I refer the Deputy to my reply to Parliamentary Question No 214 of 24 April 2008. I should point out that the figure of 16,639 given in that reply refers to the number of parents granted leave to remain under the IBC/05 Scheme, not the number of Irish born children. The granting of permission under the IBC/05 Scheme does not in any way confer any entitlement or legitimate expectation on any person, whether related to the applicant or not, to enter or remain in the State. All applicants are informed of this position and sign an undertaking to this effect when applying for permission to remain under the Scheme, and renewal thereunder. The position with regard to the detailed information sought in relation to various costs was dealt with in my previous reply. As the Deputy will appreciate, calculating such information would be a matter for several government departments and agencies and would involve a disproportionate use of resources.

Mary O'Rourke (Longford-Westmeath, Fianna Fail)
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Question 262: To ask the Minister for Justice, Equality and Law Reform if he will review the case of persons (details supplied) in County Westmeath who sought leave to remain here on humanitarian grounds. [7041/09]

Dermot Ahern (Louth, Fianna Fail)
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The first named person concerned applied for asylum on 21 March 2006. She gave birth to a child in the State later in 2006. Her asylum 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 first named person concerned was informed, by letter dated 20 October 2008, 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 she should be allowed to remain temporarily in the State. In addition, she was notified of her entitlement to apply for Subsidiary Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations, 2006 (S.I. No. 518 of 2006). The first named person concerned submitted an application for Subsidiary Protection in the State in accordance with these Regulations and this application is under consideration at present. When consideration of this application has been completed, the first named 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 first named 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 first named person concerned is passed to me for decision.

The second named person concerned, the husband of the first named person concerned, applied for asylum on 17 May 2007. His asylum application was refused following consideration of his 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 second named person concerned was informed, by letter dated 24 October 2008, that the Minister proposed to make Deportation Order in respect of him. He 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 he should be allowed to remain temporarily in the State. In addition, he was notified of his entitlement to apply for Subsidiary Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations, 2006 (S.I. No. 518 of 2006). The second named person concerned submitted an application for Subsidiary Protection in the State in accordance with these Regulations and this application is under consideration at present. When consideration of this application has been completed, the second named 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 second named 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 second named person concerned is passed to me for decision.

The third named person concerned, a child of the first and second named persons concerned, was born in the State in 2006. The Deputy might wish to note that no Deportation Order has been made in respect of this child. However, as he has no legal status in the State, he has been notified, through his mother, in accordance with Section 3 of the Immigration Act, 1999 (as amended), by letter dated 11 February 2009, that the Minister proposes to make a Deportation Order in respect of him. He 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 he should be allowed to remain temporarily in the State. To date no such representations have been submitted on behalf of the third named person concerned.