Bernard Durkan (Kildare North, Fine Gael)
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Question 189: To ask the Minister for Justice, Equality and Law Reform if consideration on compassionate grounds will be given in respect of residency in the case of a person (details supplied) in Dublin 8; and if he will make a statement on the matter. [36622/09]

Dermot Ahern (Louth, Fianna Fail)
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I refer the Deputy to Parliamentary Question No. 126 of Thursday, 26 February, 2009, and the written Reply to that Question. The person concerned, accompanied by her three minor children, applied for asylum on 11 October 2005. The three children were included on their mother's asylum application. In accordance with Section 9 of the Refugee Act 1996 (as amended), the person concerned and her children were 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 26 January 2009, that the Minister proposed to make Deportation Orders in respect of her and her children. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of Deportation Orders or of making representations to the Minister setting out the reasons why Deportation Orders should not be made against her and her children. 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 application for Subsidiary Protection is refused, the position in the State of the person concerned, and that of her children, will then 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.

The Deputy might wish to note that following the initial refusal of the asylum application of the person concerned, she applied to be re-admitted to the asylum process in accordance with the provisions of Section 17 (7) of the Refugee Act 1999 (as amended). This application was approved which gave rise to the fresh, and ultimately unsuccessful, consideration of her asylum claims. This is the primary reason for the delay in having her asylum claim finalised.