Bernard Durkan (Kildare North, Fine Gael)
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Question 373: To ask the Minister for Justice, Equality and Law Reform the residency status in the case of a person (details supplied) in Dublin 24; and if he will make a statement on the matter. [15195/08]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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I refer the Deputy to Parliamentary Questions No. 128 of Thursday, 8 February 2007 and No. 213 of Thursday, 29 June 2006 and the written Replies to those Questions. The person concerned arrived in the State on 28 November 2001 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 23 April 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 were submitted on behalf of the person concerned.

Subsequently, by letter dated 17 May 2007, the person concerned, through his legal representative, submitted an application for Subsidiary Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations, 2006 (S.I. No. 518 of 2006). However, this application was not accepted as it was not signed by the person concerned. As a result, the application was returned to the legal representative of the person concerned, by letter dated 30 May 2007. This communication informed the legal representative that, before this application could be considered, it must be returned, fully completed, within a period of ten working days from the date of that letter. The completed application for Subsidiary Protection in the State was not returned to my Department by the due date and, as such, no further consideration has been, or will be, given to that application.

The case file of the person concerned now falls to be dealt with in accordance with the provisions of the Immigration Act, 1999 (as amended). The Deputy can be assured that all representations submitted by or on behalf of the person concerned will be fully 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, before the file is passed to me for decision.