Richard Bruton (Dublin North Central, Fine Gael)
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Question 927: To ask the Minister for Justice, Equality and Law Reform if he will review the case of a person (details supplied) who is appealing the order for their deportation. [12440/08]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The persons concerned applied for asylum in the State on 20th January 2005. Their applications were refused and deportation orders were made in respect of them on 23 November 2005. The applicants instituted judicial review proceedings on 13 January 2006 challenging the decision to make deportation orders in respect of them. The proceedings were determined on 30 January 2008 when the reliefs sought were refused by the High Court. The applicants were refused a certificate to appeal this decision to the Supreme Court on 13 March 2008.

The persons in question submitted applications for subsidiary protection pursuant to the European Communities (Eligibility for Protection) Regulations, 2006 S.I. 518 of the 2006 ('the Regulations') on 3 March 2008. These applicants are persons in respect of whom deportation orders were signed before the coming into force of the Regulations on 10 October 2006, and as such are not automatically entitled to apply for Subsidiary Protection under the Regulations. In situations where an individual does not have an automatic right to apply for subsidiary protection but has identified new facts or circumstances which demonstrate a change of position from that which pertained at the time the deportation orders were made, I may exercise discretion under Regulation 4(2) of the European Communities (Eligibility for Protection) Regulations, 2006 S.I. No. 518 of 2006 to accept and consider an application for Subsidiary Protection.

Following consideration of the information submitted by the applicants, it was concluded they have established no grounds to show that there are new or altered circumstances from the time the deportation orders were made. The applicants were informed by letter dated 19 March 2008 that I had decided not to exercise discretion pursuant to Regulation 4(2) of the European Communities (Eligibility for Protection) Regulations, 2006 — S.I. 518 of the 2006 to accept and consider applications for subsidiary protection from them. The applicants instituted judicial proceedings on 20 March 2008 challenging that decision. As the matter is sub judice, I do not propose to comment further.