Bernard Durkan (Kildare North, Fine Gael)
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Question 390: To ask the Minister for Justice, Equality and Law Reform the expected residency status in the case of a person (details supplied) in Dublin 8; and if he will make a statement on the matter. [15478/08]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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I refer the Deputy to Parliamentary Question No. 244 of Thursday, 3 April 2008 and the written Reply to that Question. The person concerned arrived in the State on 14 May 2003 and applied 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 7 July 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 and 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.

Bernard Durkan (Kildare North, Fine Gael)
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Question 391: 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. [15479/08]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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I refer the Deputy to Parliamentary Question No. 220 of Thursday 3 April 2008 and the written Reply to that Question. 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. 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 first named person was informed, by letter dated 28 April 2004, that the Minister proposed to make deportation orders in respect of her and her children. She was 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 she and her children should be allowed to remain temporarily in the State. Representations have been submitted on behalf of the first named person concerned and her two children.

Additionally, the first named person concerned has recently submitted an application for Subsidiary Protection in the State in accordance with the provisions of the European Communities (Eligibility for Protection) Regulations, 2006 (S.I. No. 518 of 2006). When consideration of this application has been completed, the first named 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 first named person, 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 first named person will be passed to me for decision. Insofar as the second named person is concerned, I refer the Deputy to my response to Parliamentary Question No. 220 of 3 April 2008. This position remains unchanged.