Dáil Éireann Debate, Wednesday - 2 November 2011
328 Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current or expected residency status in the case of a person (details supplied) in County Galway; and if he will make a statement on the matter. [31849/11]
View answerThe person concerned arrived in the State on 1st September, 2005 and applied for asylum on the following day. Her application was refused following consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.
Subsequently, in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 28th July, 2008, that it was 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 submitting written representations setting out reasons why she should not be deported. She was also advised of her entitlement to submit an application for Subsidiary Protection in accordance with the provisions of the European Communities (Eligibility for Protection) Regulations 2006. The person concerned submitted an application for Subsidiary Protection and also submitted representations pursuant to Section 3 of the Immigration Act 1999 (as amended).
Following the consideration of her application for Subsidiary Protection, a decision was taken that the person concerned was not eligible for Subsidiary Protection. This position was notified to the person concerned by letter dated 16th January, 2009.
The case of the person concerned was then considered 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 before a Deportation Order was made in respect of her on 27th January, 2009. This Order was served by registered post dated 30th January, 2009.
The person concerned remains the subject of a Deportation Order and, as such, she is legally obliged to leave the State and remain thereafter out of the State or, failing that, to comply with any reporting requirements placed on her by the Garda National Immigration Bureau.
In respect of the person's daughter, her case is currently the subject of Judicial Review proceedings and accordingly, as the matter is sub judice, I do not propose to comment further.
