Bernard Durkan (Kildare North, Fine Gael)
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Question 619: To ask the Minister for Justice and Law Reform the position in relation to an application for residency or leave to remain in the case of persons (details supplied) in Dublin 24; and if he will make a statement on the matter. [1664/11]

Dermot Ahern (Louth, Fianna Fail)
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The first named person concerned applied for asylum on 27th March, 2007. Following investigation by the Office of the Refugee Applications Commissioner, it was established that she had previously made an asylum application in Belgium and, as such, a determination was made, in accordance with the provisions of the Dublin II Regulations, that she should be transferred to Belgium for the purposes of having her asylum application examined there. This determination was upheld following an appeal to the Refugee Appeals Tribunal. A Dublin II Regulation Transfer Order was signed in respect of the first named person concerned on 17th July, 2007. This Order was served on her, by letter dated 2nd August, 2007, which placed a legal obligation on her to 'present' herself at the Offices of the Garda National Immigration Bureau (GNIB), on Tuesday 7th August, 2007, to make arrangements for her formal transfer to Belgium. She failed to 'present' on this occasion and was therefore classified as having 'evaded' her transfer. She became illegally resident in this State at that time.

The first named person concerned continued to evade her transfer to Belgium with the consequence that the Transfer Order ultimately expired leaving Ireland responsible for examining her asylum application. At this point the case was referred back to the Office of the Refugee Applications Commissioner for the purposes of having her asylum claims investigated. The Office of the Refugee Applications Commissioner subsequently made a recommendation that the first named person concerned be refused a declaration of refugee status. Arising from the refusal of her asylum claim, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the first named person concerned was informed, by letter dated 21st July, 2010, 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 she should not have a Deportation Order made against her. She was also notified of her entitlement to apply for Subsidiary Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations 2006.

The first named person concerned submitted an application for Subsidiary Protection. When consideration of this application has been completed, the first named person concerned will be notified in writing of the outcome. In the event that the Subsidiary Protection application is refused, the position in the State of the first named person concerned will then 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 first named person concerned. The second named person concerned was granted permission to remain in the State on the basis of being a family dependant of non-EEA national parents of a child born in Ireland. This permission was granted in line with that of his parents and is due to expire 7th January, 2012.

I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by Email 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.