Bernard Durkan (Kildare North, Fine Gael)
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Question 201: To ask the Minister for Justice, Equality and Law Reform the progress in the subsidiary protection application in the case of a person (details supplied) in County Dublin since 26 September 2008; and if he will make a statement on the matter. [13815/08]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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I refer the Deputy to Parliamentary Question No. 200 of Thursday, 28 February 2008 and Question No. 971 of Wednesday, 26 September 2007 and the written Replies to those Questions.

The person concerned arrived in the State on 26 June 2003 and applied 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 30 June 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 reasons as to why he should be allowed to remain temporarily in the State. Representations were 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 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 202: To ask the Minister for Justice, Equality and Law Reform the current or expected position in the matter of residency in the case of a person (details supplied) in County Monaghan; and if he will make a statement on the matter. [13816/08]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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I refer the Deputy to Parliamentary Question No. 225 of Thursday, 3 April 2008 and the written reply to that question.

The person concerned arrived in the State on 12 September 2006 and applied 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), he was informed, by letter dated 14 February 2008, (and by amended letter dated 4 April, 2008) 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 the State 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 203: To ask the Minister for Justice, Equality and Law Reform if he will review the case of a person (details supplied) in Dublin 7; if he can give an assurance that the procedures followed represent best practice; and if he will make a statement on the matter. [13817/08]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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I would refer the Deputy to the reply I gave to his Dáil Question No. 214 of Thursday 14th February 2008. The status of the person concerned remains as set out in that reply i.e. he is currently evading his deportation and should present himself to the Garda National Immigration Bureau without further delay. With regard to the issue of procedures followed representing 'best practice', I am strongly of the view that the State has a comprehensive asylum system in place which is both fair and transparent and compares well with other EU States.