The person concerned arrived in the State on 18 November 2005 and claimed asylum. The person concerned gave birth to her son on 27 December 2005 and her son was added to her asylum claim. Their application was refused following consideration of their case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal.
The person concerned was informed by letter dated 20 November, 2006, that the Minister proposed to make Deportation Orders in respect of them and afforded them three options in accordance with Section 3(3)(b)(ii) of the Immigration Act, 1999, as amended, namely to leave the State voluntarily, to consent to the making of Deportation Orders or to submit, within 15 days, written representations to the Minister setting out the reasons why they should be allowed to remain temporarily in the State i.e why they should not be deported.
An application for Subsidiary Protection on behalf of the person concerned was received in my Department on 19 February 2007. On 25 September 2007 the person concerned was notified that the Minister had determined that she was not a person eligible for Subsidiary Protection under the European Communities (Eligibility for Protection) Regulations, 2006 S.I. No. 518 of 2006 ('the Regulations') and he would now proceed to consider whether a deportation order should be made in respect of her and her son.
Their case was examined under 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. Consideration was given to representations submitted on their behalf for permission to remain in the State. On 26 February 2008 I refused permission to remain in the State and instead signed Deportation Orders in respect of them. Notice of these Orders were served by registered post requiring the person concerned and her son to present themselves at the Garda National Immigration Bureau (GNIB), 13-14 Burgh Quay, Dublin 2 on 27 March 2008 in order to make travel arrangements for their removal from the State. The person concerned presented as requested and was given a new presentation date of 1 April 2008. The person concerned failed to present as requested on this date and is classified as evading her deportation.
The effect of the Deportation Orders is that the person concerned and her son must leave the State and remain thereafter out of the State. The enforcement of the Deportation Orders remains an operational matter for the Bureau.