Pat Rabbitte (Dublin South West, Labour)
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Question 1002: To ask the Minister for Justice, Equality and Law Reform the status of an application for leave to remain for a person (details supplied) in Dublin 2; when a decision will be made; and if he will make a statement on the matter. [20453/07]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The person concerned arrived in the State on 28 September 2004 as an unaccompanied minor. He applied for asylum on 13 January 2005. 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 14 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 were 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 in question was notified of these new regulations and invited to apply for Subsidiary Protection and to update his representations to remain temporarily in the State by letter dated 23 May 2007. 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.

Pat Rabbitte (Dublin South West, Labour)
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Question 1003: To ask the Minister for Justice, Equality and Law Reform the status of an application for leave to remain for a person (details supplied) in Dublin 2; when a decision will be made; and if he will make a statement on the matter. [20454/07]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The person concerned arrived in the State on 16 May, 2005 as an unaccompanied minor and applied for asylum. Following an age assessment interview with the Office of the Refugee Applications Commissioner he was deemed to be an adult for the purposes of examining his asylum application. 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 11 April, 2006, 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 10 October, 2006, regulations known as the European Communities (Eligibility for Protection) Regulations came into force. My Department notified the person concerned by letter dated 15 May, 2007 that he was eligible to apply for Subsidiary Protection in the State in accordance with these Regulations, included in this letter was the necessary application form with explanatory document, outlining the procedure and guidelines for submitting an application for Subsidiary Protection. The person concerned has not submitted an application for Subsidiary Protection in the State in accordance with these Regulations. However, he did submit up to date representations to be considered under Section 3 of the Immigration Act, 1999, as amended.

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.