The person concerned arrived in the State on 3 February 2003 and applied for a declaration as a refugee. 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. Subsequently, in accordance with section 3 of the Immigration Act 1999, as amended, she was informed by letter dated 14 January 2005 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 making representations to the Minister setting out the reasons she should be allowed to remain temporarily in the State; leaving the State before an order is made; or consenting to the making of a deportation order.
In the normal course of events, her case file, including all representations submitted, would 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 r efoulement.
However, this person, as the parent of Irish born child, may, if she so wishes, apply to have her application considered under the revised arrangements introduced by me for the consideration of applications for permission to remain in the State made by the non-national parents of Irish born children born before 1 January 2005. The details of the revised arrangements were publicly announced on 15 January 2005. To date, no such application has been received from this person in my Department under the terms of the revised arrangements. Applications should be made on form IBC/05 which is available on the Department of Justice, Equality and Law Reform website at www.justice.ie. Hard copies of the form are available at the Department of Justice, Equality and Law Reform, 13-14 Burgh Quay, Dublin 2, Garda district headquarters, stations outside Dublin and at all Reception and Integration Agency accommodation centres countrywide. Forms have also been distributed to various non-governmental organisations working with immigrants and asylum seekers.