The person concerned applied for asylum on 8 November 2004. 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 21 March 2005, 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 she should be allowed to remain temporarily in the State. There is no record of any representations having been submitted by, or on behalf of, the person concerned.
Following consideration of her case, 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, a Deportation Order was signed in respect of the person concerned on 13 May 2005. Notice of this Order was served by registered letter dated 31 May 2005 requiring the person concerned to present herself to the Garda National Immigration Bureau (GNIB) on a specified date in order to make travel arrangements for her deportation from the State. This letter was returned undelivered to my Department as a result of which the person concerned was classified as a person who was evading her deportation.
Subsequently, the person concerned, through her legal representative, requested that the decision to issue a Deportation Order in respect of the person concerned be reviewed. Following a review of the case file of the person concerned, a decision was taken to revoke the Deportation Order and to permit the person concerned to submit fresh representations in support of an application for permission to remain temporarily in the State. Owing to an administrative oversight in my Department, it appears that the person concerned was not subsequently invited to submit fresh representations. As a result, I have been assured by Department Officials that this invitation is now being forwarded to the person concerned and her legal representative. The case of the person concerned will be considered further upon receipt of a response to my Department's letter.