Bernard Durkan (Kildare North, Fine Gael)
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Question 130: To ask the Minister for Justice, Equality and Law Reform the position in regard to residency in respect of a person (details supplied) in Dublin 15; if an extension of residency will be granted, in view of the fact that they are due to have a baby in 2009; and if he will make a statement on the matter. [9439/09]

Dermot Ahern (Louth, Fianna Fail)
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I refer the Deputy to Parliamentary Questions No. 148 of Thursday, 9 October 2008 and No. 909 of Wednesday, 24 September 2008 and the written Replies to those Questions.

The person concerned applied for asylum in the State on 16 November 2006. Following investigation by the Office of the Refugee Applications Commissioner, it was established that the person concerned had previously made an asylum application in the United Kingdom and, as such, a determination was made that the person concerned should be transferred to the United Kingdom for the purposes of having her asylum application examined there. This determination was upheld following an appeal to the Refugee Appeals Tribunal. Consequently, a Transfer Order was signed in respect of the person concerned on 10 January 2007. This Order was subsequently served on the person concerned which placed a legal obligation on her to present herself at the Offices of the Garda National Immigration Bureau (GNIB), on Thursday 18 January 2007, to make arrangements for her formal transfer to the United Kingdom. The person concerned failed to 'present' on this occasion and was therefore classified as having 'evaded' her transfer. The person concerned became illegally resident in the State at that time.

The person concerned continued to evade her transfer with the consequence that the Transfer Order expired leaving Ireland responsible for processing the asylum application of the person concerned. At this point the case of the person concerned was referred back to the Office of the Refugee Applications Commissioner for the purposes of having her asylum claims investigated. As part of this process, the person concerned was invited to attend for interview at that Office at a designated date and time but she failed to attend. She did not offer any explanation for her non-attendance. As a result, the Office of the Refugee Applications Commissioner made a recommendation that the person concerned be refused a declaration of refugee status. This recommendation was conveyed in writing to the person concerned by letter dated 30 June 2008. This communication also notified the person concerned that, in accordance with the provisions of Section 13(2)(c) of the Refugee Act, 1996 (as amended), there was no appeal against this recommendation.

Arising from the recommendation of the Refugee Applications Commissioner, and in accordance with Section 3 of the Immigration Act, 1999 (as amended), the person concerned was informed, by letter dated 14 July 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 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 person concerned has not responded to my Department's letter dated 14 July 2008.

The case of the person concerned now falls to be dealt with in accordance with the provisions of Section 3 of the Immigration Act, 1999 (as amended). This process will involve an examination of the case of the person concerned having regard to 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 case file of the person concerned is passed to me for decision.

The Deputy might wish to note that the person concerned has not notified my Department or produced any documentary evidence which might suggest that she is pregnant.