Bernard Durkan (Kildare North, Fine Gael)
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Question 219: To ask the Minister for Justice, Equality and Law Reform if residency status will be awarded in the case of a person (details supplied) in County Limerick on foot of parentage of an Irish-born child; and if he will make a statement on the matter. [12735/08]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The person concerned submitted an application for temporary permission to remain in the State under the revised arrangements for non-EEA parents of children born in Ireland prior to 1st January, 2005, commonly known as the IBC/05 Scheme, on 8th August, 2005. The closing date for the submission of applications was 31st March, 2005 and therefore the application was received too late for consideration under the revised arrangements.

On 19th June, 2007 the person submitted an application for Subsidiary Protection under the European Communities (Eligibility for Protection) Regulations, 2006 S.I. No 518 of 2006. The person will be notified of any decision made on this application in due course.

Judgements in relation to the matters appealed under the IBC/05 Scheme were delivered by the Supreme Court on 20th December, 2007 and the implications of these judgements for individual applicants are currently being assessed.

Bernard Durkan (Kildare North, Fine Gael)
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Question 220: To ask the Minister for Justice, Equality and Law Reform the current or expected residency status in the case of persons (details supplied) in Dublin 22; and if he will make a statement on the matter. [12736/08]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The first named person concerned arrived in the State on 15 December 2002 accompanied by two of her children and made an application for asylum. Their application was refused following consideration of their 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 first named person concerned was informed, by letter dated 28 April 2004, that the Minister proposed to make deportation orders in respect of her and her children. They were given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of deportation orders or of making representations to the Minister setting out the reasons why they should be allowed to remain temporarily in the State. Representations have been received on behalf of the first named person concerned and her children.

Legal Representatives for the first named person concerned contacted the Department inquiring if their client was eligible to apply for Subsidiary Protection under the regulations known as the European Communities (Eligibility for Protection) Regulations, 2006 (S.I. No. 518 of 2006), which came into force on 10 October 2006. My Department issued a letter dated 18 March 2008 advising them that their client was eligible to apply for Subsidiary Protection. In addition, they were informed that they had 10 working days in which to submit the application. There has been no response to date; however, the Deputy should note that the 10-day period has only just expired. 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.

With regard to the second named person concerned, as the Deputy will be aware, applications for refugee status in the State are determined by an independent process comprising the Office of the Refugee Applications Commissioner and the Refugee Appeals Tribunal which make recommendations to the Minister for Justice, Equality and Law Reform on whether such status should be granted. It is not the practice to comment in detail on individual asylum applications. A final decision on this application will be made upon receipt of the decision of the Refugee Appeals Tribunal.

Bernard Durkan (Kildare North, Fine Gael)
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Question 221: To ask the Minister for Justice, Equality and Law Reform if extended or long-term residency will be approved in the case of a person (details supplied) in County Galway who has a medical condition; and if he will make a statement on the matter. [12737/08]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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I refer the Deputy to Parliamentary Question No. 260 of Thursday 5 July 2007 and the written reply to that Question.

The person concerned arrived in the State on 4 February 2005 and made an application for asylum. Her application was refused following consideration of her 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 29 December 2005, that the Minister proposed to make a deportation order in respect of her. She 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 she should be allowed to remain temporarily in the State. Representations have been received on behalf of the person concerned.

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.