Joe Costello (Dublin Central, Labour)
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Question 158: To ask the Minister for Justice and Law Reform if he will review the request for residency in respect of a person (details supplied). [4557/11]

Brendan Smith (Cavan-Monaghan, Fianna Fail)
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The person concerned arrived in the State on 12th July, 2006, and was granted permission to remain, on student conditions, until 29th July, 2008. She was subsequently granted permission to remain in the State for a four month period to enable a prospective employer to apply for a Work Permit on her behalf. My Department's records indicate that an application for a Work Permit was lodged with the Department of Enterprise, Trade and Innovation but this application was refused. The person concerned was also refused permission by my Department to set up in business in the State.

An application for permission to remain in the State based on her relationship with an Irish national was received from the person concerned on 7th June, 2010. However, this application was not supported by the necessary documentation and, as such, could not be approved. The permission to remain granted to the person concerned expired on 26th February, 2010 and she has been illegally resident in the State since that date.

Given that the person concerned had no legal basis to remain in the State beyond 26th February, 2010, in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended) she was notified, by letter dated 14th January, 2011, of the Minister's proposal 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 a Deportation Order should not be made against her. Representations have been submitted on behalf of the person concerned.

The 15 working day period referred to in my Department's letter of 14th January, 2011 expires on 7th February, 2011. It is open to the person concerned, until that latter date, to submit any further representations she would wish to have considered before a final decision is made in her case. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned. In any event, the case of the person concerned will not be further processed until the 15 working day period referred to has elapsed.