Bernard Durkan (Kildare North, Fine Gael)
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Question 697: To ask the Minister for Justice, Equality and Law Reform the position regarding an application for residency in the case of a person (details supplied) in Dublin 22; and if he will make a statement on the matter. [31112/09]

Dermot Ahern (Louth, Fianna Fail)
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I refer the Deputy to Parliamentary Question No. 667 of Tuesday, 27 January 2009, and the written Reply to that Question. The person concerned applied for asylum on 1 December 2004. In accordance with Section 9 of the Refugee Act 1996 (as amended), the individual concerned was entitled to remain in the State until her application for asylum was decided. Her asylum application was refused following consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.

Arising from the refusal of her asylum application, and in accordance with Section 3 of the Immigration Act 1999 (as amended), the person concerned was informed, by letter dated 31 January 2006, 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 a Deportation Order should not be made against her.

Representations have been submitted on behalf of the person concerned and these representations will be fully 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, before the file is passed to me for decision. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.