Bernard Durkan (Kildare North, Fine Gael)
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Question 187: To ask the Minister for Justice, Equality and Law Reform the position regarding the residency status of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [48113/09]

Dermot Ahern (Louth, Fianna Fail)
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The person concerned, accompanied by her child, applied for asylum on 9 February 2006. This application was withdrawn on 15 February 2006 by the person concerned. Arising from the withdrawal 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 17 July 2007, 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. She was also notified, of her entitlement to submit an application for Subsidiary Protection in the State. Representations were submitted on behalf of the person concerned at that time.

The person concerned also made an application for permission to remain in the State on the basis of being a parent of an Irish Citizen child, born in the State before 1 January 2005, in accordance with the revised arrangements announced by the then Minister on 15 January 2005, commonly referred to as the IBC/05 scheme. This application was received after the Scheme's closing date of 31 March 2005 and the person concerned was informed of the rejection of her application by letter dated 23 July 2009.

The position in the State of the person concerned will now 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 cancellation of the passport of the child of the person concerned is not a matter for which my Department has responsibility.

Bernard Durkan (Kildare North, Fine Gael)
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Question 188: To ask the Minister for Justice, Equality and Law Reform the position regarding an application for residency or naturalisation in respect of persons (details supplied) in County Dublin; and if he will make a statement on the matter. [48114/09]

Dermot Ahern (Louth, Fianna Fail)
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The first named person concerned applied for asylum on 21 June 2002. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.

Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), the first named person concerned was informed, by letter dated 14 April 2003, 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. Representations were submitted on behalf of the first named person concerned at that time.

His 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 and all representations received were considered in arriving at a decision in his case. On 28 June 2004 a Deportation Order was signed in respect of the first named person concerned. Notice of this Order was served by registered post dated 11 January 2005. This communication advised the first named person concerned of the legal requirement that he present himself at the Offices of the Garda National Immigration Bureau (GNIB) on 20 January 2005 in order to make travel arrangements for his deportation from the State. The first named person concerned failed to 'present' on this occasion and, as such, was classified as evading his deportation.

On 14 August 2008, an application for revocation of the Deportation Order, under Section 3 (11) of the Immigration Act 1999 (as amended), was submitted on behalf of the first named person concerned. This application is under consideration in my Department at present. When a decision has been made on this application, the first named person concerned will be notified in writing of that decision and of the consequences of the decision. The second named person concerned was granted refugee status in the State in 2003. This decision was conveyed to the second named person concerned by letter dated 13 June 2003.