Bernard Durkan (Kildare North, Fine Gael)
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Question 970: 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 County Dublin; and if he will make a statement on the matter. [20335/07]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The person concerned claimed asylum in the State on 2 January 2001 and had his claim examined by the Office of the Refugee Applications Commissioner following which it was recommended that he should be recognised as a refugee.

Based on this recommendation, the person concerned was advised of my decision to issue him with a formal declaration of refugee status by letter dated 25 July 2001. This communication also advised the person concerned of the rights and entitlements accompanying refugee status in the State. The person concerned continues to hold the status of refugee in the State.

Bernard Durkan (Kildare North, Fine Gael)
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Question 971: To ask the Minister for Justice, Equality and Law Reform the current or expected position in the subsidiary protection application in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [20336/07]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The person concerned arrived in the State on 26 June, 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 June, 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 were received on behalf of the person concerned.

On 10th 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.