Bernard Durkan (Kildare North, Fine Gael)
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Question 656: 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. [33146/09]

Dermot Ahern (Louth, Fianna Fail)
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I refer the Deputy to Parliamentary Question No. 133 of Thursday, 28 May, 2009 and the written Reply to that Question.

The person concerned applied for asylum on 16 July 2003. 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 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 the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 18 May 2005, 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 were submitted by the person concerned at that time.

On 26 July, 2005, the Minister signed a Deportation Order in respect of the person concerned. Notice of this Order was served by registered post. This communication advised the person concerned of the legal requirement that she 'present' herself at the Offices of the Garda National Immigration Bureau (GNIB) on 18 August, 2005 in order to make arrangements for her deportation from the State. The person concerned 'presented' on this occasion but failed to 'present' on a subsequent occasion and was therefore classified as a person evading deportation.

This position continued to obtain until May 2008 when the legal representative of the person concerned enquired into the possible entitlement of the person concerned to make an application for Subsidiary Protection in the State. Arising from this enquiry, and in accordance with the Minister's discretion under Regulation 4 (2) of the European Communities (Eligibility for Protection) Regulations 2006, the person concerned was allowed to submit an application for Subsidiary Protection in the State which she duly did. 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.

The person concerned remains the subject of a valid Deportation Order. However, the Deputy may be assured that this Order will not be enforced pending the determination of the Subsidiary Protection application.