Chris Andrews (Dublin South East, Fianna Fail)
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Question 463: To ask the Minister for Justice, Equality and Law Reform if he will grant a person (details supplied) in Dublin 14 leave to remain in the country on humanitarian grounds as outlined in previous correspondence; and if he will make a statement on the matter. [28248/07]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The person concerned arrived in the State on 17 January, 2000 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.

On 5 November, 2002 he was informed by letter, that in accordance with Section 3 of the Immigration Act, 1999, as amended, 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 in question.

On 10 January, 2007 an application for Subsidiary Protection in accordance with regulations known as the European Communities (Eligibility for Protection) Regulations, S.I. 518 of 2006 which came into force on 10 October, 2006 was received on behalf of the person concerned and this will be considered in due course. In the event that 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).

Joe Costello (Dublin Central, Labour)
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Question 464: To ask the Minister for Justice, Equality and Law Reform the progress on the application of a person (details supplied) in Dublin 2 for temporary leave to remain in the State; and if he will make a statement on the matter. [28252/07]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The person concerned arrived in the State on 15th January, 2007 and applied for asylum on the 16th February 2007. She was notified on the 15th March 2007 that her application had been refused following consideration of her case by the Office of the Refugee Applications Commissioner. She did not appeal the recommendation. The person in question made an application through the International Organisation for Migration to voluntarily return to her country of origin on 29th March, 2007. However, she withdrew the application on 11th June, 2007.

On 26th April, 2007 she was informed by letter, that in accordance with Section 3 of the Immigration Act, 1999, as amended, the Minister proposed to make a deportation order in respect of her. She was given the options, to be exercised within 15 working days, of making representations to the Minister setting out the reasons why she 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, she was notified that she was eligible to apply for Subsidiary Protection in accordance with regulations known as the European Communities (Eligibility for Protection) Regulations, S.I. 518 of 2006 which came into force on 10 October, 2006. Representations were received on behalf of the person concerned. An incomplete application for Subsidiary Protection in the State,which was received on behalf of the person concerned, was returned to her with a request that she submit a completed application. To date no further application for Subsidiary Protection has been received from the person concerned.

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), as amended.I expect the file to be passed to me for decision in due course.