Brian O'Shea (Waterford, Labour)
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Question 400: 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 in regard to permission to remain in the State on humanitarian grounds and in regard to subsidiary protection; and if he will make a statement on the matter. [7456/08]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The person concerned arrived in the State on 21 December 2003 and made an application for asylum the following day. 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), the person concerned was informed, by letter dated 29 October 2004, 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 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 is under consideration at present. 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.