Bernard Durkan (Kildare North, Fine Gael)
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Question 963: To ask the Minister for Justice, Equality and Law Reform the current or expected residency status in the case of a person (details supplied) in Dublin 24; and if he will make a statement on the matter. [20328/07]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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I refer the Deputy to Parliamentary Question No. 624 of Thursday, 6th July, 2006 and the written reply to that question. The person concerned arrived in the State on 9 December, 2002 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 9 December, 2004, 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.

Bernard Durkan (Kildare North, Fine Gael)
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Question 964: To ask the Minister for Justice, Equality and Law Reform the current status or expected residency status in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [20329/07]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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I refer the Deputy to Parliamentary Questions No. 310 Wednesday, 27th September, 2006 and the written reply to that question. The person concerned and her three children arrived in the State on 5 July, 2005 and applied for asylum. Her application and those of her children were 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 24 August, 2006 that the Minister proposed to make a deportation order 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 and her children should be allowed to remain temporarily in the State; leaving the State before Deportation Orders were made; consenting to the making of Deportation Orders. Representations in respect of her and her children were received in my Department.

On 10 October, 2006, regulations known as the European Communities (Eligibility for Protection) Regulations 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.