Bernard Durkan (Kildare North, Fine Gael)
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Question 128: To ask the Minister for Justice, Equality and Law Reform the position of an appeal application for leave to remain here and asylum in the case of a person (details supplied) in County Donegal; and if he will make a statement on the matter. [32762/09]

Dermot Ahern (Louth, Fianna Fail)
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There is currently no application pending in my Department for leave to remain in the case of the person whose details were supplied.

If an application for asylum has been made by the person concerned, the Deputy will of course be aware that it is not the practice to comment in detail on individual asylum applications.

Bernard Durkan (Kildare North, Fine Gael)
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Question 129: 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 7; and if he will make a statement on the matter. [32763/09]

Dermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum on 22 February 1999. In accordance with Section 9 of the Refugee Act 1996 (as amended), the person 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 then Asylum Division of the Department for Justice, Equality and Law Reform and, on appeal, the Refugee Appeals Tribunal.

Arising from the refusal of her asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 26 February 2002, 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 received on behalf of the person concerned.

The position in the State of the person concerned will now be decided by reference to the provisions of 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. All representations submitted will be considered 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.