Bernard Durkan (Kildare North, Fine Gael)
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Question 196: To ask the Minister for Justice, Equality and Law Reform the position in the matter of residency status in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [8696/08]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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I refer the Deputy to Parliamentary Question No. 243 of Thursday 31 January 2008 and the written Reply to that Question.

The person concerned arrived in the State on 7 July 2003 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 7 July 2005, 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 were 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 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.

Bernard Durkan (Kildare North, Fine Gael)
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Question 197: To ask the Minister for Justice, Equality and Law Reform the position in the matter of residency in the case of persons (details supplied) in County Dublin; and if he will make a statement on the matter. [8697/08]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The first named person concerned arrived in the State on 18 September 2001, as an unaccompanied minor, and applied for asylum. 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 24 June 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 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 and will be fully considered before the file is passed to me for decision.

The second named person concerned applied for asylum on 23 January 2003. Her claim was refused at first instance by the Office of the Refugee Applications Commissioner, a position that was set aside by the Refugee Appeals Tribunal who recommended that the person concerned should be recognised as a refugee. Based on this latter recommendation, the person concerned was issued with a formal declaration of refugee status by a representative of my Department, acting on behalf of the Minister, by letter dated 10 January 2005. This communication also advised the person concerned of the rights and entitlements accompanying refugee status in the State. The second named person concerned continues to hold the status of refugee in the State.

Bernard Durkan (Kildare North, Fine Gael)
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Question 198: To ask the Minister for Justice, Equality and Law Reform the position in relation to an application for leave to remain in the State by persons (details supplied) in County Meath; his views on same in the context of recent documentation forwarded to his office in this regard; and if he will make a statement on the matter. [8698/08]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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I refer the Deputy to Parliamentary Questions No. 254 of Thursday 31 January 2008 and No. 349 of Wednesday 27 September 2006 and the written Replies to those Questions.

The first named person was granted permission to remain in the State on 9 July 2002 on the basis of his parentage of an Irish born child. This position still obtains. The second named person arrived in the State on 12 November 2004 and applied for asylum. Her application was refused following consideration of her 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), she was informed, by letter dated 25 April 2006, re-issued on 4 May 2006, that the Minister proposed to make a deportation order in respect of her. She 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 she should be allowed to remain temporarily in the State. Representations have been received on behalf of the person concerned and these representations will be fully considered before the file is passed to me for decision.

In relation to the Deputy's enquiry regarding recent documentation forwarded to my Department, I wish to advise the Deputy that my Department's records show that the most recent documentation submitted on behalf of the (second named) person concerned was received in my Department on 27 July 2006.

Bernard Durkan (Kildare North, Fine Gael)
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Question 199: To ask the Minister for Justice, Equality and Law Reform the intended or expected residency status in the case of a person (details supplied) in Dublin 8; and if he will make a statement on the matter. [8699/08]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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It is not the practice to comment in detail on individual asylum applications. As the Deputy will be aware, applications for refugee status in the State are determined by an independent process comprising the Office of the Refugee Applications Commissioner and the Refugee Appeals Tribunal which make recommendations to the Minister for Justice, Equality and Law Reform on whether such status should be granted. A final decision on this application will be made upon receipt of the decision of the Refugee Appeals Tribunal.