Phil Hogan (Carlow-Kilkenny, Fine Gael)
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Question 122: To ask the Minister for Justice, Equality and Law Reform if he will review a decision for refugee status in respect of a person (details supplied) in County Kilkenny; and if he will make a statement on the matter. [17126/09]

Dermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum in the State on 1 September 2005. 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 3 November 2005. 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 Monday 21 November 2005, 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 this 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, on a designated date and time, but she failed to attend. Neither did she 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 13 June 2007. 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 9 April 2009, 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 yet responded to my Department's letter of 9 April 2009. However, the 15 working day period referred to does not expire until 5 May 2009.

The Deputy can be assured that the case of the person concerned will not be processed further pending the expiration of the 15 working day period referred to.