Bernard Durkan (Kildare North, Fine Gael)
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Question 173: To ask the Minister for Justice, Equality and Law Reform the progress made to date and the expected residency status in the case of a person (details supplied) in County Mayo; and if he will make a statement on the matter. [26147/10]

Dermot Ahern (Louth, Fianna Fail)
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The persons concerned, a married couple, entered the State separately and applied for refugee status. The husband claimed asylum on 29 December 2004 while his wife, accompanied by four minor children, claimed asylum on 15 March 2004. In accordance with Section 9 of the Refugee Act 1996 (as amended), the persons concerned were entitled to remain in the State until their respective asylum applications were decided. Their individual asylum applications were refused following the separate consideration of their cases by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.

They were separately informed, he by letter dated 23 March 2005 and she by letter dated 17 November 2004, 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.

Following separate consideration of their cases, 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, Deportation Orders were signed in respect of the persons concerned and their children on 15 September 2005. These Orders were served by registered post requiring them to 'present' at the Offices of the Garda National Immigration Bureau (GNIB) on Thursday 10 November 2005, in order to make arrangements for their removal from the State.

The persons concerned initiated Judicial Review proceedings in the High Court challenging the decisions to make Deportation Orders in respect of them. The Deportation Orders made in respect of the persons concerned were subsequently quashed by the High Court.

On 23 April 2008 the persons concerned were invited to submit updated representations to the Minister setting out the reasons why Deportation Orders should not be made against them and their children. Representations have been received on behalf of the persons concerned.

The position in the State of the persons concerned 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 files are passed to me for decision. Once decisions have been made, these decisions and the consequences of the decisions will be conveyed in writing to the persons concerned.