Bernard Durkan (Kildare North, Fine Gael)
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Question 148: To ask the Minister for Justice, Equality and Law Reform the residency status in the case of a person (details supplied) in Dublin 24; the circumstances surrounding their deportation and return to their country; the reason their travel documentation was withdrawn while their application was pending; and if he will make a statement on the matter. [31852/07]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The person in question was originally granted permission to remain in the State in September 2001 based on her parentage of an Irish born child, under the particular conditions which existed at that time. The person concerned currently has permission to remain in the State until 2009. There are no records to suggest that the person concerned is the subject of a Deportation Order. The person in question applied for an Irish Travel Document and was refused in September 2005 as she was in possession of a passport issued by the authorities of her country of nationality. This passport is valid until 2015.

Brian O'Shea (Waterford, Labour)
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Question 149: To ask the Minister for Justice, Equality and Law Reform when a decision will be reached on the application of a person (details supplied) in County Waterford to be allowed residency here on humanitarian grounds; and if he will make a statement on the matter. [31725/07]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The person concerned arrived in the State on 20 June, 2005 with her 6 year old son and applied for asylum the following day. Her application was refused following consideration of her 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, she was informed by letter dated 9 November, 2005, that 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. 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 concerned submitted an application for subsidiary protection in the State in accordance with these Regulations and this application 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), as amended.

Brian O'Shea (Waterford, Labour)
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Question 150: To ask the Minister for Justice, Equality and Law Reform when a decision will be reached on the application of a person (details supplied) in County Waterford to remain here on humanitarian grounds; and if he will make a statement on the matter. [31726/07]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The person concerned arrived in the State on 18 November, 2005 and applied for asylum. On 27 December, 2005 the person concerned gave birth to a baby boy in the State and included her child under her application for asylum in the State. The application was refused following consideration of their case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal.

In accordance with Section 3 of the Immigration Act 1999, as amended, the person concerned was informed by letter dated 20 November, 2006, that the Minister proposed to make deportation orders in respect of her and her child. 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 deportation orders are made; or consenting to the making of deportation orders. 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. No. 518 of 2006 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.

It should be mentioned that on 1 November 2006 the person concerned applied to the International Organisation for Migration to return to Nigeria with her child. The application was subsequently approved on 27 November 2006; however, the application was withdrawn on 2 March 2007.

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), as amended.

Brian O'Shea (Waterford, Labour)
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Question 151: To ask the Minister for Justice, Equality and Law Reform when a decision will be reached on the application of a person (details supplied) in County Waterford for subsidiary protection under the European Communities (Eligibility for Protection) Regulations 2006 SI No. 518 of 2006; and if he will make a statement on the matter. [31727/07]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The person concerned arrived in the State on 21 October, 2006 and applied for asylum 4 days later. The 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 25 January, 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, S.I. No. 518 of 2006 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.

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), as amended.

Brian O'Shea (Waterford, Labour)
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Question 152: To ask the Minister for Justice, Equality and Law Reform when a decision will be reached under Section 3 of the Immigration Act 1999 in the case of a person (details supplied) in County Waterford seeking leave to remain in the State; and if he will make a statement on the matter. [31728/07]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The person concerned arrived in the State on 9 March, 2007 and applied for asylum. The application was refused following consideration of his case by the Office of the Refugee Applications Commissioner. The person concerned did not appeal this decision.

Subsequently, in accordance with Section 3 of the Immigration Act 1999, as amended, he was informed by letter dated 15 June, 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, S.I. No. 518 of 2006 which came into force on 10 October, 2006.

The person concerned did not make an application either for Subsidiary Protection or for leave to remain in the State to my Department. However, his case 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.