John Lyons (Dublin North West, Labour)
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Question 388: To ask the Minister for Justice and Equality if he will provide an update on an application for humanitarian leave to remain in respect of a person (details supplied). [12394/12]

Alan Shatter (Dublin South, Fine Gael)
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Arising from the refusal of the person concerned and her daughter's asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned and her daughter were notified, by letter dated 15 April, 2010 that the then Minister proposed to make a Deportation Order in respect of them. They were 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 them. In addition, they were notified of their entitlement to apply for Subsidiary Protection in accordance with the European Communities (Eligibility for Protection) Regulations 2006.

The person concerned initiated Judicial Review Proceedings in the High Court, challenging the decision of the Refugee Appeals Tribunal in her case. She later withdrew her Judicial Review Proceedings against the Tribunal in November 2011. The matter was struck out and this Department received the Court Order to that effect in November 2011.

The position in the State of the person concerned and her daughter 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. The person concerned and her daughter have been invited to submit further representations in relation to their Section 3 applications and their applications for Subsidiary Protection. All representations submitted will be considered before a final decision is made. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned and her daughter.

Queries in relation to the status of individual immigration cases may be made directly to the INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from the INIS is, in the Deputy's view, inadequate or too long awaited.