The first and second named persons concerned, a husband and wife, made separate applications for asylum on 12 November 2007. In accordance with Section 9 of the Refugee Act 1996 (as amended), they were each entitled to remain in the State until their applications for asylum were decided. Their asylum applications were refused following the separate consideration of their cases by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.
Arising from the refusal of their asylum applications, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the first and second named persons concerned were notified, by separate letters dated 21 May 2009, that the Minister proposed to make Deportation Orders in respect of them. They were each 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 Deportation Orders should not be made against them. In addition, they were notified of their respective entitlements 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 persons concerned submitted separate applications for Subsidiary Protection in the State in accordance with these Regulations and, following consideration of these applications, it was determined that the persons concerned were not eligible for Subsidiary Protection in the State. The persons concerned were individually notified of these decisions by letters dated 5 January 2010.
The couple's daughter was born in the State in late 2007. She applied for asylum on 15 February 2008. In accordance with Section 9 of the Refugee Act 1996 (as amended), this child was entitled to remain in the State until her application for asylum was decided. 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.
Arising from the refusal of her asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the child was notified, by letter dated 14 May 2009, 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 why a Deportation Order should not be made against her. In addition, she was notified 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 child submitted an application for Subsidiary Protection in the State in accordance with these Regulations and, following consideration of this application, it was determined she was not eligible for Subsidiary Protection in the State. She was notified of this decision by letter dated 5 January 2010.
The case files of all three persons concerned will now be considered individually 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. All representations submitted will be considered before the individual files are passed to me for decision. Once decisions have been made, these decisions and the consequences of the decisions will be conveyed in writing to the persons concerned.