Bernard Durkan (Kildare North, Fine Gael)
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Question 242: To ask the Minister for Justice, Equality and Law Reform the position in regard to an application for residency in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [2951/08]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The person concerned arrived in the State on 31 January 2006 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 2006, 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 leaving the State voluntarily, of consenting to the making of a deportation order or of submitting written representations to the Minister setting out the reasons why he should be allowed to remain in the State. Representations have been received on behalf of the person concerned and will be fully considered before the file is passed to me for decision.

Bernard Durkan (Kildare North, Fine Gael)
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Question 243: To ask the Minister for Justice, Equality and Law Reform the position in respect of an application for residency in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [2952/08]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The person concerned arrived in the State on 7 July 2003 and applied for asylum. 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 7 July 2005, 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 leaving the State voluntarily, of consenting to the making of a deportation order or of making representations to the Minister setting out the reasons why he should be allowed to remain temporarily in the State. Representations were 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. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome.

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 (as amended) on the Prohibition of Refoulement. When this latter consideration has been completed, the case file of the person concerned will be passed to me for decision.