Mary Upton (Dublin South Central, Labour)
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Question 360: To ask the Minister for Justice, Equality and Law Reform if he will investigate the case of a person (details supplied); and if he will make a statement on the matter. [3044/10]

Dermot Ahern (Louth, Fianna Fail)
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The person concerned, accompanied by her infant child, applied for asylum on 23 April 2003. The child was included in his mother's asylum application. In accordance with Section 9 of the Refugee Act 1996 (as amended), the person concerned and her child 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 17 May 2004, that the Minister proposed to make Deportation Orders in respect of her and her child. 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 child. Representations were received on behalf of the person concerned at that time.

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 and all representations received were considered in arriving at a decision in her case. On 27 October 2004 Deportation Orders were signed in respect of the person concerned and her child. Notice of these Orders was served by registered post dated 27 January 2005. This communication advised the person concerned of the legal requirement that she and her child present themselves at the Offices of the Garda National Immigration Bureau (GNIB) on 3 February 2005 in order to make travel arrangements for their deportation from the State. The person concerned 'presented' on that occasion and on a number of subsequent dates but has failed to 'present' since 5 July 2005.

On 6 October 2005, the person concerned initiated Judicial Review Proceedings in the High Court, challenging the Minister's decision to make Deportation Orders in this case. On 23 March 2007, the High Court refused the Judicial Review Leave Application.

On 1 November 2005, an application was received on behalf of the child of the person concerned requesting that he be re-admitted to the asylum process in accordance with the provisions of Section 17 (7) of the Refugee Act 1996 (as amended). Following the consideration of this application, a decision was taken to refuse the application and the person concerned was notified of this refusal decision by letter dated 18 November 2005.

An application for the revocation of the Deportation Orders, under Section 3 (11) of the Immigration Act 1999 (as amended), has also been submitted on behalf of the person concerned. This application is under consideration in my Department at present. When a decision has been made on this application, the person concerned will be notified in writing of that decision and of the consequences of the decision.

The person concerned and her child remain the subject of valid Deportation Orders. The Deputy may be assured that these Orders will not be enforced pending the determination of the application for the revocation of the Deportation Orders as referred to above.