Bernard Allen (Cork North Central, Fine Gael)
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Question 190: To ask the Minister for Justice, Equality and Law Reform when a decision will be made on the application for residency by a person (details supplied) in County Cork. [19205/09]

Dermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum on 3 July 2002. 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 14 May 2003, 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.

By letter dated 22 January 2009, the person concerned was notified of her entitlement to apply, within a specified timeframe, for Subsidiary Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations 2006 (S.I. No. 518 of 2006). She was also advised at that time that she could, if she so wished, update her representations for temporary leave to remain in the State.

The person concerned did not submit an application for Subsidiary Protection in the State nor have updated representations been received from, or on behalf of, the person concerned.

The case file of the person concerned now falls to be considered in accordance with the provisions of Section 3 of the Immigration Act, 1999 (as amended). All representations submitted by and on behalf of the person concerned will be fully considered, under Section 3 (6) of the Immigration Act, 1999 (as amended) and Section 5 of the Refugee Act, 1996 (as mended) on the prohibition of refoulement, before the file is passed to me for decision.