Bernard Durkan (Kildare North, Fine Gael)
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Question 631: To ask the Minister for Justice, Equality and Law Reform the current or expected residency status in the case of a person (details supplied) in Dublin 22; and if he will make a statement on the matter. [3352/08]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The person in question was originally granted permission to remain in the State on 6 February 2001 based on her parentage of an Irish born child under the particular scheme which existed at that time. This permission has been renewed for the person concerned until October 2012.

Bernard Durkan (Kildare North, Fine Gael)
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Question 632: To ask the Minister for Justice, Equality and Law Reform the residency status in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [3353/08]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The person concerned arrived in the State on 1 May 2000 and claimed asylum on 25 July 2000. 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.

The person concerned was informed by letter dated 30 March 2001 that the Minister proposed to make a Deportation Order in respect of him and afforded him three options in accordance with Section 3(3)(b)(ii) of the Immigration Act, 1999 (as amended) namely to leave the State voluntarily, to consent to the making of a Deportation Order or to submit, within 15 working days, written representations to the Minister setting out the reasons why he should be allowed to remain temporarily in the State i.e why he should not be deported.

His case was examined 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. Consideration was given to all representations submitted on his behalf for permission to remain in the State. On 18 June 2001 the then Minister refused permission to remain temporarily in the State and instead signed a Deportation order in respect of him. Notice of this order dated 22 June 2001 was served by registered post requiring the person concerned to present himself at Portlaoise Garda Station on Friday 29 June 2001 in order to make travel arrangements for his removal from the State. A further notice dated 26 October 2001 was served by registered post on the person concerned following the conclusion of Judicial Review proceedings which were struck out in the High Court on 24 October 2001. The person concerned was then required to present himself at Naas Garda Station on Friday 2 November 2001 in order to again make travel arrangements for his removal from the State. He failed to comply with his reporting requirements on both occasions and was classified as evading his deportation. The effect of the deportation order is that the person concerned must leave the State and remain thereafter outside the State.

The person concerned subsequently re-entered the State. He came to the attention of the Gardaí on 21 March 2007 and was arrested on foot of his deportation order. He was subsequently released with the requirement to present himself to the GNIB on 26 April 2007 in order to make travel arrangements for his removal from the State. He presented as required and was given subsequent presentation dates which he complied with. He was finally removed from the State on 17 January 2008.

By correspondence dated 15 January 2008, the legal representative of the person concerned made representations requesting a) the revocation of the deportation order and b) the exercise of my discretion under Regulation 4(2) of the European Communities (Eligibility for Protection) Regulations 2006 requesting that the person concerned be afforded an opportunity to make an application for Subsidiary Protection. This correspondence is currently under consideration in my Department.