Willie Penrose (Longford-Westmeath, Labour)
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Question 119: To ask the Minister for Justice, Equality and Law Reform if he will extend the time to enable a person (details supplied) in County Westmeath to apply for subsidiary protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations 2006 in view of the fact that they were unaware of their right to do so; and if he will make a statement on the matter. [9406/09]

Dermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum in the State on 10 January 2008. 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 22 September 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 why she should be allowed to remain temporarily in the State. In addition, she was notified, through the same communication, 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). My Department has no record of an application for Subsidiary Protection in the State having been submitted by the person concerned. It is still open to the person concerned to submit such an application. However, such an application would need to be submitted without further delay.

Representations in support of an application for leave to remain temporarily in the State have been submitted on behalf of the person concerned and these representations 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.

The Deputy might wish to note that once a final decision is made on the case of the person concerned, she would no longer have an automatic entitlement to make an application for Subsidiary Protection in the State.