Bernard Durkan (Kildare North, Fine Gael)
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Question 467: To ask the Minister for Justice, Equality and Law Reform if extended residency will be offered and green card restored in the case of a person (details supplied) in Dublin 24; and if he will make a statement on the matter. [7994/08]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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I refer the Deputy to Replies given to Parliamentary Questions No. 247 of Thursday 31 January 2008, No. 232 of Thursday 28 June 2007, No. 142 of Thursday 28 September 2006 and No. 63 of Thursday 15 June 2006.

The person concerned arrived in the State on 9 May 2005 and applied for asylum on 11 May 2005. 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 12 June 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.

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 was notified by letter dated 31 January 2008 that he could, if he so wished, submit an application for Subsidiary Protection within the following 15 working days. At the request of the legal representative of the person concerned, this timeframe has been extended by a further 10 working days. While no application for Subsidiary Protection has been received on behalf of the person concerned to date, the Deputy will note that the extended time period referred to has not yet expired. The case file of the person concerned will be considered further upon receipt of a response to my Department's correspondence of 31 January 2008.

The Deputy might wish to note that, according to my Department's records, the person concerned has not previously been granted residency in the State.

Bernard Durkan (Kildare North, Fine Gael)
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Question 468: To ask the Minister for Justice, Equality and Law Reform the position in regard to residency in the case of a person (details supplied) in Dublin 7; and if he will make a statement on the matter. [7995/08]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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I would refer the Deputy to the reply my predecessor gave to his Dail Question No. 133 of Thursday, 29th March, 2007 which clearly stated that the person concerned has been evading his deportation since 31st October, 2003 and should present himself to the Garda Authorities without any further delay. The status of the person concerned remains as set out in the reply.

Bernard Durkan (Kildare North, Fine Gael)
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Question 469: To ask the Minister for Justice, Equality and Law Reform the position in relation to an application for leave to remain based on parentage of an Irish born child in the case of a person (details supplied) in Dublin 2; and if he will make a statement on the matter. [7996/08]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The person concerned arrived in the State on 7 December 2005 and applied for asylum on 16 February 2006. 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.

On 2 March 2006 the person concerned applied for permission to remain in the State under the Revised Arrangements for Parents of Irish Born Children, born in the State prior to 1 January 2005, commonly known as the IBC/05 Scheme. However, as the closing date for receipt of applications under the IBC/05 scheme was 31 March 2005, the application was received much too late for consideration. Consequently the application, and all supporting documentation, were returned to the person concerned on 18 August 2006.

Based on the rejection of the asylum claim of the person concerned, and in accordance with Section 3 of the Immigration Act, 1999 (as amended), the person concerned was informed, by letter dated 13 June 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 were submitted on behalf of the person concerned at that time and remain on his case file.

On 24 August 2006 the person concerned indicated to Officials in my Department that he wished to return to Italy where he had previously had a right of residency. However, while the necessary arrangements were made to facilitate his return to Italy, it would appear that the person concerned was refused entry into Italy and therefore he returned to this State on 3 November 2006.

Further applications for residency in the State on the basis of his parentage of an Irish born child have subsequently been received from and on behalf of the person concerned. However, since the closure of the IBC/05 Scheme in March 2005, there has been no separate process for applying for residency in the State on the sole basis of parentage of an Irish born child. As a result, the case file of the person concerned falls to be dealt with in accordance with the provisions of Section 3 of the Immigration Act, 1999 (as amended). During this process, all representations submitted by and on behalf of the person concerned will be carefully 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 in advance of the file being passed to me for decision.

Bernard Durkan (Kildare North, Fine Gael)
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Question 470: 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 15; and if he will make a statement on the matter. [7997/08]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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I wish to refer the Deputy to my response to Parliamentary Question 216 on Thursday 7 February, 2008. The position remains unchanged.