Bernard Durkan (Kildare North, Fine Gael)
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Question 601: To ask the Minister for Justice, Equality and Law Reform the residency status or expected residency status in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [14481/08]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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I refer to my reply to Parliamentary Question No. 446 of 6 November 2007. The position in relation to granting long term residency is as follows: Persons who have been legally resident in the State for over five years on the basis of work permit/work authorisation/work visa conditions may apply to the Immigration Division of my Department for a five year residency extension. In that context they may also apply to be exempt from employment permit requirements.

Dependants of the aforementioned who have been legally resident in the State for over five years may also apply for long term residency. This particular long term permission does not grant an exemption from employment permit requirements to any such dependants. Time spent in the State on student conditions cannot be counted towards long term residency. While applications for long term residency are under consideration, the person concerned should ensure that their permission to remain in the State is kept up to date.

An application for long term residency from the person referred to by the Deputy was received in July 2007. I understand that applications received in August 2006 are currently being dealt with. As soon as a decision is made on the case, the person concerned will be notified.

Bernard Durkan (Kildare North, Fine Gael)
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Question 602: To ask the Minister for Justice, Equality and Law Reform the position in regard to extended residency status in the case of a person (details supplied) in Dublin 24; and if he will make a statement on the matter. [14482/08]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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I refer the Deputy to replies given to Parliamentary Questions No. 467 of Tuesday 26 February 2008, No. 247 of Thursday 31 January 2008, No. 232 of Thursday 28 June 2007, No. 142 of Thursday 28 September 2006 and No. 63 of Thursday 15 June 2006.

The person concerned arrived in the State on 9 May 2005 and applied for asylum on 11 May 2005. 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 12 June 2006, 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 submitting written 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.

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 was notified by letter dated 31 January 2008 that he could, if he so wished, submit an application for Subsidiary Protection in the State within the following 15 working days. 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.