Maureen O'Sullivan (Dublin Central, Independent)
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Question 349: To ask the Minister for Justice, Equality and Law Reform the position regarding an application in respect persons (details supplied); and when a decision on this application will issue. [20368/10]

Dermot Ahern (Louth, Fianna Fail)
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The family referred to by the Deputy comprise a husband and wife and their four children, all of whom are Romanian citizens. The first named person applied for asylum on 17 June 2002 and this application included two of the children. The second named person applied for asylum on 22 July 2002 and this application included the couple's other two children.

Arising from the refusal of their respective asylum claims, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), they were separately notified, she by letter dated 14 July 2005 and he by letter dated 23 September 2005, that the Minister proposed to make Deportation Orders in respect of them and their children. They were each 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 them and their children. Representations were received on their behalf at that time.

As stated already, the persons concerned are Romanian citizens and, since the accession of Romania to the European Union (EU) on 1 January 2007, citizens of Romania are, in terms of immigration controls, covered by the provisions of the European Communities (Free Movement of Persons) (No. 2) Regulations, 2006. This means they have the same rights of access to the Republic of Ireland as a citizen of an existing EU Member State, with the exception of access to the labour market. As a result, since that date no further consideration can be given to a Romanian citizen's case under the provisions of Section 3 of the Immigration Act 1999 (as amended). This position has been confirmed by the High Court in the Judgment of Mr. Justice Cooke in B & Anor v MJELR [2009] IEHC 333, 16th July 2009. In this case the High Court was satisfied that the Minister has no power since 1 January 2007 to make a decision under Section 3 of the Immigration Act 1999 (as amended) in relation to a Romanian national. Therefore, no further consideration can or will be given to the cases of the persons concerned in the context of Section 3 of the Immigration Act 1999 (as amended).