Bernard Durkan (Kildare North, Fine Gael)
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Question 142: To ask the Minister for Justice, Equality and Law Reform the current or expected position in the matter of residency in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [22646/10]

Dermot Ahern (Louth, Fianna Fail)
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I wish to inform the Deputy that the first named person in question was granted permission to remain in the State under the IBC/05 scheme in 2005. This permission was renewed in 2007 and is currently valid up to 7 December 2010. The first named person concerned should present to her local immigration officer 2 weeks before that date for registration of her future permission to remain in the State. The second named person arrived in the State in 1997 in the company of his mother and siblings and was included as a child dependant in his mother's unsuccessful asylum application. The then Minister for Justice, Equality and Law Reform signed a Deportation Order in respect of him on 6 June 2002, which was later revoked.

The second named person was, by letter dated 31 March 2009, advised that as he had no legal basis to remain in the State, the Minister was proposing to make a Deportation Order in respect of him and advised him of the options open to him at that point in time which were to leave the State voluntarily, to consent to deportation or to submit, within a period of 15 working days, written representations setting out reasons as to why a Deportation Order should not be made against him. Representations have been received from the second named person.

The position in the State of the second named person 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.