The person concerned arrived in the State on 9 June 2006, accompanied by her infant son, and applied for asylum. On 24 June 2006 she gave birth to another son and included him in her asylum application. 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.
Subsequently, in accordance with Section 3 of the Immigration Act 1999, as amended, the person concerned was informed, by letter dated 18 April 2007, that the Minister proposed to make Deportation Orders in respect of her and her family. The person concerned and her family were given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of Deportation Orders or of making 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.
She was notified of her entitlement to apply for Subsidiary Protection pursuant to the European Communities (Eligibility for Protection) Regulations, 2006. By correspondence dated 8 May 2007, an application for Subsidiary Protection was made on behalf of the person concerned by her legal representative. Following consideration of the information submitted, the application was refused. The person concerned and her legal representative were notified of this decision by letter dated 25 September 2008.
Her case was then 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 by her legal representative for permission to remain in the State. On 12 November 2008, I refused permission to remain temporarily in the State and instead signed Deportation Orders in respect of the person concerned and her two sons. Notice of these orders was served by registered post requiring the person concerned and her family to present themselves at the Garda National Immigration Bureau (GNIB) 13-14 Burgh Quay, Dublin 2 on Tuesday 2 December 2008 in order to make travel arrangements for their removal from the State.
I am satisfied that the applications made by the person concerned and her family for asylum, for temporary leave to remain in the State and for Subsidiary Protection, together with all refoulement issues, were fairly and comprehensively examined and, as such, the decision to deport them is justified. The effect of the Deportation Orders is that the person concerned and her family must leave the State and remain thereafter out of the State. The enforcement of the Deportation Orders is, and remains, an operational matter for the GNIB.