Denis Naughten (Roscommon-South Leitrim, Fine Gael)
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Question 479: To ask the Minister for Justice, Equality and Law Reform the status of an application for leave to remain by a person (details supplied) in Dublin 24; when a decision will be made on the application; and if he will make a statement on the matter. [8839/08]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The person concerned arrived in the State on 10 February 2001 and made an application for asylum. His asylum 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 23 August 2002, 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.

Denis Naughten (Roscommon-South Leitrim, Fine Gael)
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Question 480: To ask the Minister for Justice, Equality and Law Reform when a decision will be made on an application by a person (details supplied) in County Roscommon for leave to remain on humanitarian grounds; the status of this application; and if he will make a statement on the matter. [8853/08]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The person concerned arrived in the State on 2 June 2004 and applied for asylum. Her asylum 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), the person concerned was informed, by letter dated 12 September 2005, 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 making representations to the Minister setting out the reasons why she should be allowed to remain temporarily in the State.

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 23 January 2008, that she was eligible to apply for Subsidiary Protection in accordance with these Regulations and was invited to so do within the succeeding 15 working days. My Department's records show that no such application was submitted by the due date. However, the legal representative of the person concerned has notified my Department that they intend to submit an application for Subsidiary Protection on behalf of the person concerned. If such an application is submitted and accepted, it will be considered in line with the Regulations referred to. When any such consideration has been completed, the person concerned will be notified in writing of the outcome.

In the event that any Subsidiary Protection application lodged 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.