Bernard Durkan (Kildare North, Fine Gael)
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Question 1046: To ask the Minister for Justice, Equality and Law Reform the progress in the matter of an application to remain in the State in the case of a person (details supplied) in County Galway; and if he will make a statement on the matter. [20684/07]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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I refer the Deputy to Parliamentary Questions No. 252 of Thursday, 5th July, 2007 and 122 of Thursday, 29th March, 2007 and the written replies to those questions. The position remains unchanged.

Bernard Durkan (Kildare North, Fine Gael)
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Question 1047: To ask the Minister for Justice, Equality and Law Reform the procedure to be followed in the case of a person (details supplied) in County Kildare who wishes to remain here and who is the parent of an Irish born child; and if he will make a statement on the matter. [20685/07]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The person concerned arrived in the State on 09 May, 2004 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 31 August, 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. 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 in question was notified of these new regulations by letter dated 31 August, 2007, and it is open to him to apply for Subsidiary Protection and also submit fresh representations to remain temporarily in the State. I expect the file to be passed to me for decision in due course.