The person concerned arrived in the State on 30 August 2005 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. Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), the person concerned was informed, by letter dated 24 November 2006, 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 leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons she should be allowed to remain temporarily in the State. I should also mention that a person who has been refused refugee status and has been served with a notice of intention to deport is, since 10 October 2006, afforded a fourth option, viz. to apply for Subsidiary Protection pursuant to the European Communities (Eligibility for Protection) Regulations, 2006 — Statutory Instrument No. 518 of 2006.
Her 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 her behalf for permission to remain in the State. A Subsidiary Protection application lodged in respect of the person concerned was refused and this decision was communicated by letter dated 10 January 2008. On 6 May 2008, my immediate predecessor refused permission to remain temporarily in the State and instead signed a Deportation Order in respect of the person concerned. Notice of this order was served by registered post requiring her to present herself at the Garda National Immigration Bureau (GNIB), 13-14 Burgh Quay, Dublin 2 on Tuesday, 3 June 2008 in order to make travel arrangements for her deportation from the State. The person concerned presented as required and was given further presentation dates which she kept. She is due to present again shortly. The current position in respect of the person concerned is that an undertaking was given to the legal representatives acting on her behalf by letter dated 16 June 2008 to the effect that her deportation order will not be enforced until such time as the asylum application of her infant son has been considered. The effect of the Deportation Order is that person concerned must leave the State and remain thereafter out of the State. The enforcement of the Deportation Order is an operational matter for the GNIB.