Bernard Durkan (Kildare North, Fine Gael)
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Question 931: To ask the Minister for Justice, Equality and Law Reform if he will defer his decision to deport in the case of persons (details supplied) in County Meath; and if he will make a statement on the matter. [12500/08]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The persons concerned arrived in the State on 12th July, 2005 and applied for asylum. Their applications were refused and deportation orders were made in respect of them on 11th August, 2006. The Applicants instituted Judicial Review proceedings on 15th September, 2006 challenging the decision to make the deportation orders in respect of them.

The applicants in question submitted an application for subsidiary protection pursuant to the European Communities (Eligibility for Protection) Regulations, 2006 S.I. No. 518 of 2006 ('The Regulations') on 9th January, 2007. They were informed on 19th January, 2007 that their application was invalid as deportation orders had been made in respect of them prior to the coming into force of the Regulations on 10th October, 2006. Judicial review proceedings challenging this decision were instituted on 22nd February, 2007.

These Judicial Review proceedings were settled following the Judgment of Mr. Justice Feeney in the cases of Hila and Djolo, where he determined that under Regulation 4(2) of the European Communities (Eligibility for Protection) Regulations, 2006 S.I. No. 518 of 2006 the Minister has discretion to accept and consider applications for subsidiary protection from persons who do not have an automatic right to apply but who have identified new facts or circumstances which demonstrate a change of position from that which pertained at the time the deportation order was made.

The applicants submitted an application pursuant to Regulation 4(2) of the European Communities (Eligibility for Protection) Regulations, 2006 S.I. No. 518 of 2006 on 26th November 2007, requesting that I exercise discretion to accept and consider an application for Subsidiary Protection under the Regulation. Following a consideration of the material submitted by the applicants, it was concluded that the applicants had established no grounds which would enable me to exercise discretion under Regulation 4(2). The applicants were notified of my decision on 14th March 2008.

The Judicial Review proceedings challenging the validity of the Deportation Orders are still on going and as that matter is sub judice, I do not propose to comment further.