The person concerned applied for asylum on 2 February 2006 on her own behalf, and on 30 March 2006 on behalf of her child. Her asylum application was refused following consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.
The person concerned was informed, by letter dated 8 January 2009, that the Minister proposed to make Deportation Orders in respect of her and her child. She was given three options in accordance with Section 3(3)(b)(ii) of the Immigration Act, 1999 (as amended), to be exercised within 15 working days. Namely, to leave the State voluntarily, to consent to the making of Deportation Orders or to make representations to the Minister setting out the reasons why she and her child should be allowed to remain temporarily in the State i.e. why she should not be deported.
This communication also advised the person concerned of her entitlement to apply for Subsidiary Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations, 2006 (S.I. No. 518 of 2006). The person concerned submitted an application for Subsidiary Protection in the State in accordance with these Regulations. 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 23 October 2009.
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 28 October 2009, I refused permission to remain temporarily in the State and instead signed Deportation Orders in respect of her and her child. Notice of these orders was served by registered post requiring the person concerned and her child to ‘present' to the Garda National Immigration Bureau (GNIB), 13-14 Burgh Quay, Dublin 2.
The legal representatives of the person concerned subsequently made an application seeking consent, pursuant to Section 17(7) of the Refugee Act, 1996 (as amended), to allow their client make a further application for a declaration of refugee status. The information provided was fully considered and the outcome was that the application for re-admission was refused. The person's legal representatives were notified of this decision on 6th January, 2010.
The person concerned continues to meet the presentation requirements of the Garda National Immigration Bureau (G.N.I.B.) in accordance with Section 8(1)(b) of the Immigration Act 1999, as amended. She last presented on 14th January, 2010 and is due to present again today 19th January, 2010.
I am satisfied that the applications made by the person concerned 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 her and her child is justified.
The effect of the Deportation Order is that the 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.