Bernard Durkan (Kildare North, Fine Gael)
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Question 387: To ask the Minister for Justice, Equality and Law Reform if he will review the circumstances in the case of a person (details supplied) in County Meath in respect of whom a deportation order has issued and having particular reference to their circumstances. [22602/09]

Dermot Ahern (Louth, Fianna Fail)
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I would refer the Deputy to the reply I gave to his Dáil Question No. 240 on Thursday 24 April 2008. The 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 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.

Bernard Durkan (Kildare North, Fine Gael)
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Question 388: To ask the Minister for Justice, Equality and Law Reform if, further to a previous reply to a parliamentary question in March 2009, a review will be undertaken in view of the fact that the person (details supplied) in County Dublin has been issued with a deportation order and who submitted further details to his Department in March 2009 for consideration; and if he will make a statement on the matter. [22603/09]

Dermot Ahern (Louth, Fianna Fail)
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Further to my previous response to parliamentary question 133/2009 and following the receipt of up to date medical reports and representations from the person's legal representatives a new consideration was carried out on the case in May of this year, as a result of which a Transfer Order to Belgium was signed under the Dublin II Regulations,Council Regulation (EC) No 343/2003. This person is not the subject of a Deportation Order. The applicant instituted Judicial Review proceedings on 27 May, 2009 challenging the Transfer Order made in respect of her and accordingly, as the matter is sub judice, I do not propose to comment further.

Bernard Durkan (Kildare North, Fine Gael)
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Question 389: To ask the Minister for Justice, Equality and Law Reform the position regarding residency or citizenship in the case of a person (details supplied) in Dublin 7; if they can work here based on their current status; and if he will make a statement on the matter. [22604/09]

Dermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum on 20 August 2002. Her application was refused following consideration of her case by the Office of the Refugee Applications Commissioner. The person concerned was advised of her entitlement to appeal this determination to the Refugee Appeals Tribunal but she did not do so. Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), the person concerned was informed, by letter dated 31 March 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. The person concerned undertook to leave the State voluntarily. Her departure from the State was confirmed on 14 December 2004.

On 4 December 2008, the legal representative of the person concerned notified my Department that she had returned to the State on a visa and wished to be granted temporary permission to remain in the State under Section 3 of the Immigration Act 1999 (as amended). However, the Deputy might wish to note that my Department has no record of the person concerned being granted a visa to enter the State. The person concerned does not have permission to be in the State and is therefore residing here illegally.