Bernard Durkan (Kildare North, Fine Gael)
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Question 252: To ask the Minister for Justice, Equality and Law Reform the position in regard to an application for residency in respect of a person (details supplied) in County Mayo; and if he will make a statement on the matter. [8576/09]

Dermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum in the State on 25 July 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 23 May 2006, 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. In early July 2006, the person concerned initiated Judicial Review Proceedings in the High Court challenging the decision of the Refugee Appeals Tribunal in her case. On 7 February 2008, the High Court refused the Judicial Review Leave Application.

Given that the Judicial Review Proceedings have been disposed of, the case file of the person concerned will now 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 consideration has been completed, the file is passed to me for decision.