Bernard Durkan (Kildare North, Fine Gael)
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Question 219: To ask the Minister for Justice, Equality and Law Reform if a review will be undertaken in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [45010/09]

Dermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum on 2 February 2006 on her own behalf, and on 30 March 2006 on behalf of her child. 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.

The person concerned was informed, by letter dated 8 January 2009, that the Minister proposed to make Deportation Orders in respect of her and her child. 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 Deportation Orders or to make representations to the Minister setting out the reasons why she and her child should be allowed to remain temporarily in the State i.e. why she should not be deported.

This communication also advised the person concerned 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. 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 23 October 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 28 October 2009, I refused permission to remain temporarily in the State and instead signed Deportation Orders in respect of her and her child. Notice of these orders was served by registered post requiring the person concerned and her child to 'present' to the Garda National Immigration Bureau (GNIB), 13-14 Burgh Quay, Dublin 2. The person concerned continues to meet the presentation requirements of the Garda National Immigration Bureau (G.N.I.B.) in accordance with Section 8(1)(b) of the Immigration Act 1999, as amended. She last presented on 26 November 2009 and she is due to present again on 2 December 2009.

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 and her child 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.

Bernard Durkan (Kildare North, Fine Gael)
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Question 220: 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 County Cork; and if he will make a statement on the matter. [45011/09]

Dermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum on 25 June 2004. In accordance with Section 9 of the Refugee Act 1996 (as amended), the person concerned was entitled to remain in the State until his application for asylum was decided. His asylum application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.

Arising from the refusal of his 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 27 July 2009, that the Minister proposed to make a Deportation Order in respect of him. He 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 him. In addition, he was notified of his 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 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.

Bernard Durkan (Kildare North, Fine Gael)
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Question 221: To ask the Minister for Justice, Equality and Law Reform the position regarding a residency status in respect of a person (details supplied) in County Waterford; and if he will make a statement on the matter. [45012/09]

Dermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum on 15 September 2005. 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.

The person concerned was informed, by letter dated 4 August 2006, that the Minister proposed to make Deportation Orders 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.

Her case was 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 11 October 2007, I refused permission to remain temporarily in the State and instead signed a Deportation Order in respect of her. Notice of these orders was served by registered post requiring the person concerned and her child to 'present' to the Garda National Immigration Bureau (GNIB), 13-14 Burgh Quay, Dublin 2. The person concerned continues to meet the presentation requirements of the Garda National Immigration Bureau (G.N.I.B.) in accordance with Section 8(1)(b) of the Immigration Act 1999, as amended. She last presented on 24 November 2009 and she is due to present again on 15 December 2009.

I am satisfied that the applications made by the person concerned for asylum, for temporary leave to remain in the State, 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.

Bernard Durkan (Kildare North, Fine Gael)
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Question 222: To ask the Minister for Justice, Equality and Law Reform the position regarding an application for residency in respect of a person (details supplied) in County Waterford; if he has received new information supporting this case; and if he will make a statement on the matter. [45013/09]

Dermot Ahern (Louth, Fianna Fail)
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The Deputy will be aware, from previous Dáil replies in this matter, that the person concerned is awaiting deportation following a comprehensive examination of his asylum claim and of his application to remain temporarily in the State.

The Deputy will also be aware that the person concerned evaded his deportation from 30 October 2003 until 21 May 2009 when he began presenting, as required, at the Garda National Immigration Bureau (GNIB). On that occasion he was given a further presentation date which he kept. He is due to present again on Tuesday 1 December 2009.

While commencing to comply with his presenting requirements at the GNIB is a step in the right direction, it does not alter the fact that the person concerned remains subject to an extant Deportation Order. As stated in a previous Reply, Section 3 (11) of the Immigration Act, 1999, as amended, provides the Minister with a power to amend or revoke a Deportation Order. An application seeking to revoke a Deportation Order must set out any new facts or circumstances which have arisen since the original decision to deport was made. Any such application submitted would be considered on its merits, having due regard to all refoulement issues, and following such consideration a decision would be taken to either affirm or revoke the Order. No representations have been received to date in this regard.

The enforcement of the Deportation Order in this case remains an operational matter for the GNIB.

Bernard Durkan (Kildare North, Fine Gael)
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Question 223: To ask the Minister for Justice, Equality and Law Reform the position regarding an application for residency in respect of a person (details supplied) in County Waterford; and if he will make a statement on the matter. [45014/09]

Dermot Ahern (Louth, Fianna Fail)
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I refer the Deputy to Parliamentary Question No. 143 of Thursday, 30 April 2009, and the written Reply to that Question.

The up to date position is that the representations submitted by the person concerned as to why a Deportation Order should not be made in respect of him are currently being considered in my Department. This consideration will have regard for 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. Once this consideration has been completed, 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.