This person, a Nigerian national, arrived in the State on 14 June 2004 and applied for asylum. Her application was refused following consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal. This person is the parent of an Irish born child.
Subsequently, in accordance with the Immigration Act 1999, as amended, she was informed by letter dated 6 December 2004, that it was proposed to make a deportation order in her case. She was given the options, to be exercised within 15 working days, of making representations to the Minister setting out reasons she should be allowed to remain temporarily in the State; leaving the State before the deportation order is made or consenting to the making of a deportation order.
In the normal course of events, this person's case file, including all representations submitted, falls to be considered under section 3(6) of the Immigration Act 1999, as amended, and under section 5 of the Refugee Act 1996, as amended — prohibition of refoulement. However, this person, as the parent of an Irish born child, may, if she so wishes, apply to have her application considered under the new arrangements introduced by me for the consideration of applications for permission to remain made by the non-national parents of Irish born children born before 1 January 2005. An information notice setting out details of the new arrangements and the appropriate application form is available from the Department’s website www.justice.ie. Application forms are also available from Garda district headquarters stations outside Dublin, at all reception and integration agency accommodation centres countrywide and from various non-governmental organisations working with immigrants and asylum seekers.