Mattie McGrath (Tipperary South, Fianna Fail)
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Question 439: To ask the Minister for Justice, Equality and Law Reform the status of an application for residency by a person (details supplied) in County Tipperary; when a decision on their application will be made; and if he will make a statement on the matter. [26928/07]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The person concerned applied for permission to remain in the State on the basis of being a parent of an Irish citizen child, born before 1 January 2005, in accordance with the revised arrangements announced by my predecessor on 15 January 2005, commonly referred to as the IBC/05 scheme.

The person concerned submitted his application after the closing date for applications, 31 March 2005. The application could not, therefore, be considered under the revised arrangements. Accordingly, the applicant was notified of this by letter dated 15 December 2005.

The person concerned has submitted an application for consideration in the context of subsidiary protection, pursuant to the European Communities (Eligibility for Protection) Regulations 2006 which came into force on 10 October 2006, and his eligibility for subsidiary protection will be determined accordingly.

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.