Bernard Durkan (Kildare North, Fine Gael)
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Question 556: To ask the Minister for Justice, Equality and Law Reform if he will review an application for residency in the case of a person (details supplied) in Dublin 12; and if he will make a statement on the matter. [15137/10]

Dermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum on 3 August 2004. 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 6 January 2005, 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.

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 20 April 2005, 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 28 April 2005. The person concerned failed to 'present' as requested and was classified as evading her deportation.

The persons' legal representative made an application for permission to remain in the State on the basis of being a family dependant of the parent of an Irish born child who has been granted permission to remain under the IBC/05 scheme. This application was refused. The person concerned and her legal representative were advised of this decision by letter dated 21 August 2008.

Further representations were received from the person concerned asking that her Deportation Order be revoked, in accordance with the provisions of Section 3(11) of the Immigration Act, 1999 (as amended). Following consideration of the information submitted, the Deportation Order was affirmed and the person concerned and her legal representative were advised of this decision by letter dated 3 March 2009.

Further representations were received from the person concerned asking that her Deportation Order be revoked, in accordance with the provisions of Section 3(11) of the Immigration Act, 1999 (as amended). Following consideration of the information submitted, the Deportation Order was affirmed and the person concerned and her legal representative were advised of this decision by letter dated 31 March 2010. The person concerned was also required to 'present' to the Garda National Immigration Bureau (GNIB), 13-14 Burgh Quay, Dublin 2.

I am satisfied that the applications made by the person concerned for asylum and 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, and remains, an operational matter for the GNIB.