The person concerned applied for asylum on 31 December 2001. Two minor children of the person concerned were included in her application. 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 Section 3 of the Immigration Act, 1999 (as amended), the person concerned was informed, by letter dated 28 February 2003, that the Minister proposed to make Deportation Orders in respect of her and her two children. She was 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 she and her children should be allowed to remain temporarily in the State. Representations were submitted on behalf of the person concerned at that time.
Following consideration of the case of the person concerned, 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, Deportation Orders were signed in respect of the person concerned and her two children on 22 February 2005. Notice of these Orders was served by registered letter dated 23 March 2005 requiring the person concerned and her two children to present themselves at the Offices of the Garda National Immigration Bureau (GNIB) on a specified date in order to make travel arrangements for their deportation from the State.
Judicial Review proceedings were instituted on behalf of the person concerned on 24 May 2005 challenging the decisions to make Deportation Orders in respect of the person concerned and her two children. These Proceedings were subsequently withdrawn by the person concerned who was afforded the opportunity to submit fresh representations within a period of 21 days. While no representations were received in my Department within the agreed timeframe, the person concerned, through her new legal representative, has contended that this situation arose as a result of inaction on the part of her previous legal representative rather than as a result of any act or omission on her part. The person concerned, through her new legal representative, submitted fresh representations to my Department on 9 June 2008.
In light of the status of the person concerned as a person subject to a valid Deportation Order, the representations lodged on behalf of the person concerned are being treated as an application for revocation of the existing Deportation Orders, pursuant to the provisions of Section 3(11) of the Immigration Act, 1999 (as amended). When a decision has been made on this application, this decision, and the consequences of the decision, will be conveyed in writing to the person concerned.
The Deputy may be assured that the existing Deportation Orders will not be enforced pending the consideration of the Section 3(11) application referred to.