Dáil Éireann Debate, Wednesday - 26 September 2007
979 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform if he has or will consider extended residency or subsidiary protection on humanitarian grounds in the case of persons (details supplied) in Dublin 24; if his attention has been drawn to the fact that part of the evidence offered was misunderstood thereby militating against their interests; and if he will make a statement on the matter. [20344/07]
Amharc ar fhreagraThe person concerned arrived in the State on 08 December, 2003 and applied for asylum. On 16 April, 2005, two of her children arrived in the State as unaccompanied minors. The children were subsequently reunited with their mother and included in her application for asylum. The 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, she was informed by letter dated 10 November, 2006, that the Minister proposed to make deportation orders in respect of her and her children. She was given the options, to be exercised within 15 working days, of making representations to the Minister setting out the reasons why she should be allowed to remain temporarily in the State; leaving the State before an order is made; or consenting to the making of deportation orders. In addition, she was notified that she was eligible to apply for Subsidiary Protection in accordance with regulations known as the European Communities (Eligibility for Protection) Regulations, S.I. 518 of 2006 which came into force on 10 October, 2006. The person concerned submitted an application for Subsidiary Protection in the State in accordance with these Regulations and this application will be considered in due course.
If the subsidiary protection application is refused, the case file of the person concerned, including all representations submitted, will be considered under Section 3(6) of the Immigration Act, 1999, as amended, and Section 5 of the Refugee Act, 1996 (Prohibition of Refoulement). I expect the file to be passed to me for decision in due course.
