Bernard Durkan (Kildare North, Fine Gael)
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Question 884: To ask the Minister for Justice, Equality and Law Reform the status of the residency application in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [11848/08]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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I refer the Deputy to Parliamentary Questions No. 465 of Tuesday 26 February 2008, No. 935 of Wednesday 26 September 2007, No. 654 of Tuesday 26 June 2007, No. 486 of Wednesday 31 January 2007 and No. 176 of Thursday 9 February 2006 and the written Replies to those Questions.

The person concerned arrived in the State on 28 February 2004 and made an application for asylum on 1 March 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 13 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.

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 22 January 2008 that he could, if he so wished, submit an application for Subsidiary Protection in the State. He was also invited to update his earlier representations to the Minister. He was requested to respond within 15 working days. Updated representations have been received on behalf of the person concerned. An application for Subsidiary Protection in the State has also been submitted on behalf of the person concerned and this application is currently under consideration in my Department. When this consideration has been completed, the person concerned will be notified in writing of the outcome.

In the event that the application for Subsidiary Protection is unsuccessful, the case file of the person concerned, including all representations submitted, will be carefully 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, in advance of the file being passed to me for decision.