Bernard Durkan (Kildare North, Fine Gael)
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Question 485: To ask the Minister for Justice, Equality and Law Reform the position in relation to residency status in the case of a person (details supplied) in County Galway; and if he will make a statement on the matter. [8901/08]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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I refer the Deputy to Parliamentary Question No. 684 of Tuesday 21 March 2006 and the written reply to that Question.

The person concerned arrived in the State on 2 February 2005 and applied 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 30 September 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 have been received on behalf of the person concerned and will be fully considered before the file is passed to me for decision.

Joe McHugh (Donegal North East, Fine Gael)
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Question 486: To ask the Minister for Justice, Equality and Law Reform the position regarding a person (details supplied) in Dublin 9; and if he will make a statement on the matter. [8909/08]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The position in relation to granting long term residency is as follows: Persons who have been legally resident in the State for over five years on the basis of work permit/work authorisation/work visa conditions may apply to the Immigration Division of my Department for a five year residency extension. In that context they may also apply to be exempt from employment permit requirements.

The dependants of the aforementioned, who have been legally resident in the State for over five years may also apply for long term residency. This particular long term permission does not grant an exemption from employment permit requirements to any such dependants. Time spent in the State on student conditions cannot be counted towards long term residency. While applications for long term residency are under consideration, the person concerned should ensure that their permission to remain in the State is kept up to date.

An application for long term residency from the person referred to by the Deputy was received in September 2006. I understand that applications received in July 2006 are currently being dealt with. As soon as a decision is made on the case, the person concerned will be notified.