Michael D Higgins (Galway West, Labour)
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Question 1021: To ask the Minister for Justice, Equality and Law Reform the position regarding an application by a person (details supplied) whose initial application was rejected, whose family is settled in Galway and who has become a valued and respected member of the local community. [20515/07]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The person concerned arrived in the State on 29 December, 2005 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.

The person concerned made an application for EU Treaty Rights on 09 August, 2006 on the basis that his child who was born in Ireland on 21 June, 2004 is an Irish citizen and therefore, the child is also an EU citizen. However, the application was refused on 16 August, 2007 as the child had never been resident in another EU State.

Subsequently, in accordance with Section 3 of the Immigration Act, 1999, as amended, he was informed by letter dated 13 March, 2007, 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. In addition, he was notified that he was eligible to apply for Subsidiary Protection in accordance with regulations known as the European Communities (Eligibility for Protection) Regulations which came into force on 10 October, 2006. 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.