Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Question 585: To ask the Minister for Justice, Equality and Law Reform the number of applications for subsidiary protection that have been received; the number that have been approved; the number that have been declined; and the number that are pending. [5216/08]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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I presume the Deputy is referring to applications for Subsidiary Protection made on foot of the European Union Council Directive 2004/83/EC of 29 April 2004 to which my predecessor gave effect in Irish Law on 10 October 2006 by way of Statutory Instrument No. 518 of 2006 — European Communities (Eligibility for Protection) Regulations, 2006. An application for Subsidiary Protection arises where a non — national, who has been refused refugee status, is served with a notice of intention to deport under section 3 (3) (a) of the Immigration Act, 1999, as amended. A person so served is afforded four options, viz. to leave the State voluntarily; to consent to the making of a Deportation Order; to apply for Subsidiary Protection or to make representations in writing within 15 working days setting out reasons as to why a Deportation Order should not be made and why temporary Leave to Remain in the State be granted instead.

Applications for Subsidiary Protection are considered on their individual facts, merits and circumstances and in accordance with the criteria set out in the Regulations. Statistics are not maintained as to the duration of the consideration process in respect of each application, as no two cases are the same. The statistics requested by the Deputy are as set out in the table below;