Bernard Durkan (Kildare North, Fine Gael)
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Question 178: To ask the Minister for Justice, Equality and Law Reform the position in regard to residency status in the case of persons (details supplied) in County Mayo; and if he will make a statement on the matter. [24280/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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The person in question arrived in the State on 18 December, 2000 and applied for asylum. His application was refused following consideration of his 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, he was informed by letter dated 26 November, 2002, that the Minister proposed to make a deportation order in respect of him. He was given the options, to be exercised within 15 working days, of making representations to the Minister setting out the reasons why he should be allowed to remain temporarily in the State; leaving the State before an order is made or consenting to the making of a deportation order. Representations have been received on behalf of the person concerned.

This person's case file, 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 case file to be passed to me for decision in due course.

Bernard Durkan (Kildare North, Fine Gael)
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Question 179: To ask the Minister for Justice, Equality and Law Reform if and when a green card will be approved in the case of a person (details supplied) in County Kildare in view of the fact that they are anxious to take up employment; and if he will make a statement on the matter. [24281/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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The person concerned arrived in the State on 25 June, 1999 and applied for asylum. His application was refused following consideration of his 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, he was informed by letter dated 28 December, 2001, that the Minister proposed to make a deportation order in respect of him. He was given the options, to be exercised within 15 working days, of making representations to the Minister setting out the reasons why he should be allowed to remain temporarily in the State; leaving the State before an order is made or consenting to the making of a deportation order. Representations have been received on behalf of the person concerned.

This person's case file, 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).

The person concerned is not entitled to be issued with a green card (registration book) as he has not been granted permission to remain in the State. I expect the file to be passed to me for decision in due course.

Bernard Durkan (Kildare North, Fine Gael)
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Question 180: To ask the Minister for Justice, Equality and Law Reform if he will grant temporary residency status on health and humanitarian grounds in the case of a person (details supplied) in Dublin 15; if the circumstances of their case will be considered under Council Regulation (E.C.) No. 343/203; and if he will make a statement on the matter. [24282/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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I would refer the Deputy to my Reply to his Parliamentary Question No. 244 of 25 May 2006. My position in relation to the person concerned, legally and operationally, is as set out therein.

The person concerned continues to be classified as having evaded her transfer to the United Kingdom, pursuant to the provisions of the Dublin II Regulation. Consequently, she is liable to arrest and detention. Given that the person concerned lodged her first asylum claim in the United Kingdom on 4 March 2003, it is entirely appropriate that she be transferred to that State to have her asylum claim determined there.

Bernard Durkan (Kildare North, Fine Gael)
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Question 181: To ask the Minister for Justice, Equality and Law Reform if he will grant temporary residency status in the case of persons (details supplied) in Dublin 15; and if he will make a statement on the matter. [24283/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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The first named person arrived in the State on 17 August, 2003 and applied for asylum. His application was refused following consideration of his 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, he was informed by letter dated 23 November, 2005, that the Minister proposed to make a deportation order in respect of him. He was given the options, to be exercised within 15 working days, of making representations to the Minister setting out the reasons why he should be allowed to remain temporarily in the State; leaving the State before an order is made or consenting to the making of a deportation order. Representations have been received on behalf of the person concerned.

This person's case file, 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.

The second named person has been granted permission to remain in the State until the 5 April, 2007 on the basis of her parentage of an Irish born child.

Bernard Durkan (Kildare North, Fine Gael)
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Question 182: To ask the Minister for Justice, Equality and Law Reform when green card or residency status will issue in the case of persons (details supplied) in Dublin 1; and if he will make a statement on the matter. [24284/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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The first named person arrived in the State on 25 April, 2003 and applied for asylum. His application was refused following consideration of his 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, he was informed by letter dated 30 August, 2005, that the Minister proposed to make a deportation order in respect of him. He was given the options, to be exercised within 15 working days, of making representations to the Minister setting out the reasons why he should be allowed to remain temporarily in the State; leaving the State before an order is made or consenting to the making of a deportation order. Representations have been received on behalf of the person concerned.

This person's case file, 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.

The second named person was granted leave to remain in the State on 24 January, 2005 on the basis of being a family dependant of a person who had permission to remain in the State based on parentage of an Irish born child.

Bernard Durkan (Kildare North, Fine Gael)
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Question 183: To ask the Minister for Justice, Equality and Law Reform if persons (details supplied) could have their cases reconsidered on humanitarian or compassion grounds or under Council Regulation (E.C.) No. 343/203. [24285/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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I would refer the Deputy to my Reply to Dáil Question No. 74 of 15 June, 2006 in relation to the cases of the persons concerned.

As the Deputy is aware, the asylum cases of the two persons concerned fall under the terms of Council Regulation (E.C.) No. 343/2003 and, as stated in my previous Reply, a Transfer Order has been signed and issued in respect of the mother in this case.

As previously stated, I understand from the Office of the Refugee Applications Commissioner (ORAC), that they are in the process of requesting the United Kingdom to accept the asylum case of the child under Article 4 (3) of the Regulation. It should be noted that as the Regulation is an asylum measure, the provisions of the Immigration Act 1999, as amended, (and in particular Section 3 of that Act), do not apply to such cases. The facility therefore for making representations to the Minister for permission to remain temporarily in the State is not applicable in this instance.

All representations in relation to Dublin II cases must be made to the Office of the Refugee Applications Commissioner for consideration in advance of its determination. Any appeal afterwards in relation to a determination to transfer should be made directly to the Refugee Appeals Tribunal, and not to the Minister. If such an appeal is successful, the person concerned is admitted to the substantive asylum process in this State. However since the ORAC have already made a determination on the mother's case, it is not possible for her to make representations on humanitarian or compassionate grounds at this late stage.

The Deputy should note that it is not open to an asylum applicant to choose whether their asylum application is examined in this State or in another State. Instead, the provisions of the Dublin II Regulation apply where asylum applications have been lodged in more than one jurisdiction and this is clearly the case in so far as the mother in this case is concerned. In the case of the child, his position has not yet been finalised, but this will be done as soon as all necessary formalities with the UK authorities have been satisfactorily completed. However, on the basis of all known information, it would appear that the provisions of the Dublin II Regulation will apply equally to his case.