Bernard Durkan (Kildare North, Fine Gael)
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Question 957: To ask the Minister for Justice, Equality and Law Reform the residency status in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [20322/07]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The person concerned arrived in the State on 23 April, 2001 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 25th June, 2003, 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.

On 10 October, 2006, regulations known as the European Communities (Eligibility for Protection) Regulations, 2006, S.I. No. 518 of 2006, came into force. 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.

Bernard Durkan (Kildare North, Fine Gael)
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Question 958: To ask the Minister for Justice, Equality and Law Reform the residency status in the case of a person (details supplied) in County Louth; if a change in status is expected; and if he will make a statement on the matter. [20323/07]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The applicant instituted Judicial Review proceedings on 26 January 2005 challenging the Deportation Order made in respect of him on 27 July 2004. These proceedings were determined on the 26 July 2006 and his leave application to apply for a Judicial Review was refused by the High Court. The person concerned also made an application for Subsidiary Protection under the European Communities (Eligibility for Protection) Regulations, 2006 (Statutory Instrument No. 518 of 2006) on 16 January 2007. His application was refused by my Department on 23 February 2007. The applicant instituted Judicial Review proceedings on 23 March 2007 challenging his Subsidiary Protection refusal and accordingly, as the matter is sub judice, I do not propose to comment further.

Bernard Durkan (Kildare North, Fine Gael)
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Question 959: To ask the Minister for Justice, Equality and Law Reform the current, proposed or expected residency status in the case of a person (details supplied) in County Cork; if identity documentation has or will be issued; and if he will make a statement on the matter. [20324/07]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The person concerned arrived in the State on 30th April, 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 30th July, 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. I expect the file to be passed to me for decision in due course.

In regard to the issue of an identification document, the Office of the Refugee Applications Commissioner is responsible for the issue of Temporary Residence Certificates to persons who are being considered for refugee status in the State. The Temporary Residence Certificate is not an identity document. In cases where the application for refugee status is determined and refused, the Temporary Residence Certificate is not renewable once it has expired. Accordingly, my Department is not in a position to issue the person in question with an identification document.