John Curran (Dublin Mid West, Fianna Fail)
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Question 466: To ask the Minister for Justice, Equality and Law Reform when a decision will be made regarding an application by a person on behalf of their spouse (detail supplied). [10137/08]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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I refer the Deputy to Parliamentary Question No. 626 put down for answer in February 2008. I am informed by the Immigration Division of my Department that the person in question made an application for Family Reunification in respect of her spouse in May 2006. The application was forwarded to the Refugee Applications Commissioner for investigation as required under Section 18 of the Refugee Act 1996. This investigation is completed and the Commissioner has forwarded a report to my Department. This application will be considered by my Department and a decision will issue in due course. At the present time Family Reunification applications are taking up to 24 months to process.

Niall Collins (Limerick West, Fianna Fail)
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Question 467: To ask the Minister for Justice, Equality and Law Reform if he will review his decision to refuse permission to remain in Ireland in the case of a person (details supplied) in County Donegal. [10142/08]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The person concerned arrived in the State on 11 August 1999 on foot of a D-Study Visa. He registered as a student and was given permission to remain in the State until 11 July 2004. The person concerned has remained in the State since that date without permission. Accordingly, his case fell to be considered in accordance with the provisions of the Immigration Act, 1999 (as amended). As a result, in accordance with the provisions of Section 3 of that Act, the person concerned was informed, by letter dated 26 April 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. No such representations were submitted by or on behalf of the person concerned.

The person concerned subsequently lodged an application for Irish Citizenship. Following due consideration of this application, the person concerned was informed, by letter dated 4 July 2007, that his Citizenship application was refused. By letter dated 12 February 2008, the person concerned was again afforded the opportunity to submit representations to the Minister in support of an application for permission to remain in the State, as provided for under Section 3 of the Immigration Act 1999 (as amended). He was invited to do so within a period of ten working days.

While the person concerned responded to that letter, he did not, however, submit representations in support of an application for permission to remain in the State. In the interests of clarifying the position for the person concerned, he was again written to on 28 February 2008. This latest communication advised him in detail of what was required from him and again afforded him a period of ten working days within which to respond. While no response has been received to date, the Deputy might note that this ten working day period has not yet elapsed.

The case of the person concerned will be further considered upon receipt of his response to the recent letter sent to him. If no response is submitted, the case file of the person concerned will be considered under Section 3(6) of the Immigration Act, 1999 (as amended) and Section 5 of the Refugee Act, 1996 (as amended) based on the papers already on file. When this consideration has been completed, the case file of the person concerned will be passed to me for decision.