Enda Kenny (Mayo, Fine Gael)
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Question 86: To ask the Minister for Justice, Equality and Law Reform if his Department has contacted a person (details supplied) in County Mayo; the further options open to this person in view of their particular circumstances; and if he will make a statement on the matter. [26912/09]

Dermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum on 28 February 2006. Her application was refused following consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal.

The letter dated 6 April 2009, referred to by the Deputy in the Question, was issued by the Refugee Appeal Tribunal to inform the person concerned that her appeal was refused. The reference to a "representative of the Minister" in this letter refers to the Ministerial Decisions Unit. This Unit, upon completion of all asylum applications, issue the Minister's final decision on the asylum application.

The person concerned was notified by the Ministerial Decisions Unit by letter dated 7 May 2009 that, in accordance with Section 3 of the Immigration Act 1999 (as amended), 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 submitted an application for Subsidiary Protection in the State in accordance with these Regulations and this application is under consideration at present. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome.

In the event that the Subsidiary Protection application is refused, the case file of the person concerned, including all representations submitted, will then be considered under 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 latter consideration has been completed, the case file of the person concerned will be passed to me for decision.