Bernard Durkan (Kildare North, Fine Gael)
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Question 246: 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 1; and if he will make a statement on the matter. [12766/08]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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I refer the Deputy to Parliamentary Question No. 201 of Tuesday, 24 April 2007 and the written reply to that question. The first named person concerned failed to reply to the correspondence issued on 5 April 2007, therefore, her application was deemed abandoned. The correspondence of 5 April 2007 was the fourth attempt by the Immigration Division of my Department to obtain the documentation required to make a decision in respect of the first named person concerned.

I refer the Deputy to Parliamentary Question No. 207 of Tuesday, 24 April 2007 and the written reply to that question. The second named person concerned arrived in the State with the first named person on 16 December 2000. He applied for asylum on 5 October 2006. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner. He was duly notified of this decision by letter dated 10 November 2006. In addition, this correspondence advised him that in accordance with Section 13(2)(c) of the Refugee Act 1996 (as amended), there was no appeal against this recommendation.

Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), he was informed, by letter dated 30 March 2007, 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. In addition, he was notified of his entitlement to apply for Subsidiary Protection in accordance with the European Communities (Eligibility for Protection) Regulations, 2006 (S.I. No. 518 of 2006). The person concerned submitted an application for Subsidiary Protection in the State in accordance with these Regulations and this application is under consideration at present. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome. In the event that the Subsidiary Protection application is refused, the case file of the person concerned, including all representations submitted, will then be 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. When this latter consideration has been completed, the case file of the person concerned will be passed to me for decision.

Bernard Durkan (Kildare North, Fine Gael)
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Question 247: To ask the Minister for Justice, Equality and Law Reform the present or expected residency status in the case of a person (details supplied) in Dublin 6; and if he will make a statement on the matter. [12767/08]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The person concerned arrived in the State on 7 June 2002 and made an application for asylum. 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 10 September 2003, 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.

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.