Brian O'Shea (Waterford, Labour)
Link to this: Individually | In context

Question 223: To ask the Minister for Justice, Equality and Law Reform the reason he will not accept an application for subsidiary protection from a person (details supplied) in County Kilkenny; and if he will make a statement on the matter. [4461/08]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
Link to this: Individually | In context

This applicant applied for asylum on 1st August, 2003. His application was refused and a Deportation Order was made in respect of him on 21 July, 2005.

Under Statutory Instrument No. 518 of 2006, which transposed Council Directive 2004/83/EC into Irish law, persons in respect of whom a deportation order was made before 10 October, 2006 are not automatically entitled to have an application for subsidiary protection considered. However, it is open to such persons to apply under Regulation 4(2) for me to exercise my discretion and consider an application for subsidiary protection from them. To date, my Department has not received any subsidiary protection application from or on behalf of the person concerned.

The Applicant issued judicial review proceedings on 25 July, 2006 challenging the deportation order. He issued further judicial review proceedings on 19 December, 2007 challenging the refusal of his application under the European Communities (Free Movement of Persons) (No.2) Regulations 2006. As both matters are sub judice, I do not propose to comment further.