Willie O'Dea (Limerick East, Fianna Fail)
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Question 241: To ask the Minister for Justice, Equality and Law Reform when a decision will be reached in respect of a person (details supplied). [17728/10]

Dermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum on 5 September 2005. In accordance with Section 9 of the Refugee Act 1996 (as amended), the person concerned was 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 18 June 2008, 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. In addition, she was notified 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. She was notified by letter dated 27 May 2009 that her application had been considered in accordance with the Regulations and the Minister had determined that she was not a person eligible for Subsidiary Protection in the State.

Following consideration of her case 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, a Deportation Order was signed in respect of the person concerned on 20 August 2009. This Order was served by letter dated 27 August 2009, requiring the person concerned to present herself at the Offices of the Garda National Immigration Bureau (GNIB) on a specified date and time in order to make travel arrangements for her deportation from the State.

On 15 September 2009, an application under Section 3 (11) of the Immigration Act 1999 (as amended), for revocation of the Deportation Order, was received on behalf of the person concerned. This application is under consideration at present and a decision will be issued as soon as possible.