Bernard Durkan (Kildare North, Fine Gael)
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Question 182: To ask the Minister for Justice, Equality and Law Reform the current or proposed residency status in the case of a person (details supplied) in Dublin 1; and if he will make a statement on the matter. [8681/08]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The person concerned arrived in the State as an unaccompanied minor on 7 December 2004 and applied for asylum on 16 December 2004. 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 9 January 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 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 and will be fully considered before the file is passed to me for decision.

Bernard Durkan (Kildare North, Fine Gael)
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Question 183: 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 1; and if he will make a statement on the matter. [8682/08]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The person concerned arrived in the State as an unaccompanied minor on 28 August 2006 and applied for asylum. The 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 16 June 2007, 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. In addition, he was notified that he was eligible to apply for Subsidiary Protection in accordance with regulations known as the European Communities (Eligibility for Protection) Regulations, S.I. No. 518 of 2006, which came into force on 10 October 2006. 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 then 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.