Bernard Durkan (Kildare North, Fine Gael)
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Question 148: To ask the Minister for Justice, Equality and Law Reform if leave to remain will be granted in the case of a person (details supplied) in County Kildare on humanitarian or compassionate grounds in view of the state of their health; and if he will make a statement on the matter. [39852/09]

Dermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum on 21 November 2006. Her application was refused following consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal. The person concerned was informed, by letter dated 24 October 2008, that the Minister proposed to make a Deportation Order in respect of her. She was given three options in accordance with Section 3(3)(b)(ii) of the Immigration Act, 1999 (as amended), to be exercised within 15 working days. Namely, to leave the State voluntarily, to consent to the making of a Deportation Order or to make representations to the Minister setting out the reasons why she should be allowed to remain temporarily in the State i.e. why she should not be deported. By correspondence dated 9 July 2009, an application for Subsidiary Protection was made on behalf of the person concerned by her legal representative. Following consideration of the information submitted, the application was refused. The person concerned and her legal representative were notified of this decision by letter dated 1 September 2009.

Her case was then examined 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. Consideration was given to representations submitted on her behalf by her legal representative for permission to remain in the State. On 2 September 2009, I refused permission to remain temporarily in the State and instead signed a Deportation Order in respect of her. Notice of this Order was served by registered post requiring her to 'present' to the Garda National Immigration Bureau (GNIB), 13-14 Burgh Quay, Dublin 2, on 6 October 2009, in order to make travel arrangements for her deportation from the State. The person concerned failed to 'present' as requested and was classified as evading her deportation. Should she come to the notice of the Gardaí, she would be liable to arrest and detention. She should, therefore, present herself to the GNIB without any further delay.

I am satisfied that the applications made by the person concerned for asylum, for temporary leave to remain in the State and for Subsidiary Protection, together with all refoulement issues, were fairly and comprehensively examined and, as such, the decision to deport her is justified. The effect of the Deportation Order is that the person concerned must leave the State and remain thereafter out of the State. The enforcement of the Deportation Order is an operational matter for the GNIB.