Bernard Durkan (Kildare North, Fine Gael)
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Question 277: To ask the Minister for Justice, Equality and Law Reform if he will rescind the decision to deport in the case of persons (details supplied) in County Cork; and if he will make a statement on the matter. [45689/09]

Dermot Ahern (Louth, Fianna Fail)
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I refer the Deputy to the Reply given to his Parliamentary Question No. 164 on Tuesday 14 October 2008. The status of the persons concerned remains largely as set out in that Reply. However, in the interim, an application for Subsidiary Protection was made on behalf of the second named person by her legal representative and lodged under cover letter dated 23 March 2009. In response to this application, a letter issued on 9 June 2009 advising that the person concerned was not automatically entitled to apply for Subsidiary Protection. Notwithstanding the foregoing, the applicant was advised that she could seek the exercise of Ministerial discretion pursuant to Regulation 4 (2) of the European Communities (Eligibility for Protection) Regulations, 2006 by making further representations identifying any new facts or circumstances which demonstrated a change of position from that at the time the Deportation Order was made on 5 August 2004. Representations were received on 23 July 2009 and are currently being considered.

The persons concerned have continued to meet their presentation requirements with the Gardaí. The first named person is due to present himself again at Anglesea Street Garda Station, County Cork on 14 December 2009. The second named person is due to present herself again at the Garda National Immigration Bureau (GNIB) on 6 January 2010.

The enforcement of the Deportation Orders remains an operational matter for the GNIB.