Bernard Durkan (Kildare North, Fine Gael)
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Question 364: To ask the Minister for Justice, Equality and Law Reform if he will review on humanitarian grounds the deportation order in the case of persons (details supplied) in County Clare; and if he will make a statement on the matter. [22313/09]

Dermot Ahern (Louth, Fianna Fail)
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I would refer the Deputy to the Reply I gave to his Dáil Question No. 225 of Thursday 18 December 2008. The first person concerned is the subject of a deportation order following a comprehensive examination of her asylum claim and of her application to remain temporarily in the State. As a matter of policy, I do not intend to reward persons who have failed a very fair and comprehensive asylum process by granting such persons residency in the State. Notwithstanding the foregoing, if there has been a change in the circumstances of the first person concerned, or if new information has come to light which has a direct bearing on her case, there remains the option of applying to me for revocation of her Deportation Order pursuant to the provisions of Section 3 (11) of the Immigration Act, 1999, as amended. However I wish to make clear that such an application would require substantial grounds to be successful.

As previously advised in my Reply to his Dáil Question No. 318 of Tuesday 31 March 2009, the second person concerned was born in the State in late 2005 and an application for asylum was made on his behalf to the Office of the Refugee Applications Commissioner on 15 December 2008. Said application is still under consideration.