Bernard Durkan (Kildare North, Fine Gael)
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Question 1024: To ask the Minister for Justice and Law Reform the position regarding an application for residency in the case of a person (details supplied) in Dublin 7; and if he will make a statement on the matter. [32632/10]

Dermot Ahern (Louth, Fianna Fail)
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Arising from the refusal of her asylum application, and following consideration of her case under the provisions of Section 3 of the Immigration Act 1999 (as amended), the then Minister signed a Deportation Order in respect of the person concerned on 26 July 2005. This Order was served by registered post dated 11 August 2005. This communication advised the person concerned of the legal requirement that she 'present' herself at the Offices of the Garda National Immigration Bureau (GNIB) on 18 August, 2005, in order to make arrangements for her deportation from the State. The person concerned 'presented' on this occasion but failed to 'present' on a subsequent occasion and was therefore classified as a person evading deportation.

The person concerned subsequently sought to make an application for Subsidiary Protection, based on the provisions of Regulation 4 (2) of the European Communities (Eligibility for Protection) Regulations 2006. However, while that Regulation suggested that the Minister for Justice, Equality and Law Reform might have discretion to permit a person who is the subject of a Deportation Order to make an application for Subsidiary Protection, the Supreme Court, in adjudicating in a case not connected with the case of the person concerned, ruled that the Minister did not have such discretion. As a result of that ruling, an application for Subsidiary Protection cannot be accepted from a person who is the subject of a Deportation Order. This being the case, the application for Subsidiary Protection submitted by the person concerned cannot be considered. She therefore remains the subject of a valid Deportation Order, the consequence of which is that she is legally obliged to leave the State and remain thereafter out of the State.

I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.