Bernard Durkan (Kildare North, Fine Gael)
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Question 224: To ask the Minister for Justice, Equality and Law Reform the current or expected residency status in the case of a person (details supplied) in County Limerick; and if he will make a statement on the matter. [15858/08]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The person concerned arrived in the State on 10 January 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 28 February 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 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 225: To ask the Minister for Justice, Equality and Law Reform if he will use his discretion to extend temporary residency in the case of persons (details supplied) in County Meath; and if he will make a statement on the matter. [15859/08]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The persons concerned applied on 8th March, 2005 for permission to remain in the State under the revised arrangements for non-EEA parents of children born in Ireland before 1st January, 2005, commonly referred to as the IBC/05 Scheme. As the child in question was born after the cut off date the persons did not meet the criteria of the scheme, and their applications were refused. They were informed of this decision on 29th July, 2005. On the 14th of April, 2008, the persons concerned were invited to make updated representations to my Department under Section 3 of the Immigration Act, 1999, and any representations received will be considered in due course.

Bernard Durkan (Kildare North, Fine Gael)
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Question 226: To ask the Minister for Justice, Equality and Law Reform the residency status in the case of a person (details supplied) in County Limerick; and if he will make a statement on the matter. [15860/08]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The person concerned arrived in the State on 13 January 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 24 November 2004, 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 submitted 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 227: To ask the Minister for Justice, Equality and Law Reform the residency status in the case of a person (details supplied) in County Limerick; and if he will make a statement on the matter. [15861/08]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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As the Deputy will be aware, applications for refugee status in the State are determined by an independent process comprising the Office of the Refugee Applications Commissioner and the Refugee Appeals Tribunal, which make recommendations to the Minister for Justice, Equality and Law Reform on whether such status should be granted.

While it is not the practice to comment in detail on individual asylum applications, I would point out to the Deputy that delays in finalising cases can occur for a variety of reasons, including giving applicants and appellants the fullest opportunity possible to present their cases and the determination of Judicial Review proceedings, where appellants pursue such a course of action. Where the latter is relevant, the time taken to discharge any proceedings is a matter for the Courts and is not something that I, as Minister, can comment on. It is, of course, open to the applicant or the appellant to withdraw any Judicial Review proceedings which they may have instigated and this would allow for their appeal to be processed in the normal manner. A final decision on this application will be made upon receipt of the decision of the Refugee Appeals Tribunal.

Bernard Durkan (Kildare North, Fine Gael)
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Question 228: 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. [15862/08]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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It is not the practice to comment in detail on individual asylum applications. As the Deputy will be aware, applications for refugee status in the State are determined by an independent process comprising the Office of the Refugee Applications Commissioner and the Refugee Appeals Tribunal which make recommendations to the Minister for Justice, Equality and Law Reform on whether such status should be granted. A final decision on these applications will be made upon receipt of the decision of the Refugee Appeals Tribunal.

Bernard Durkan (Kildare North, Fine Gael)
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Question 229: To ask the Minister for Justice, Equality and Law Reform if the daughter of a person (details supplied) in Dublin 15 is required to make an application for residency; and if he will make a statement on the matter. [15863/08]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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I have been informed by the Immigration Division of my Department that it has no record of the person referred to by the Deputy or of a daughter of that person. If the person in question wishes to make enquiries regarding her daughter's residency status, she should contact the Immigration Division, 13-14 Burgh Quay, Dublin 2.

Bernard Durkan (Kildare North, Fine Gael)
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Question 230: To ask the Minister for Justice, Equality and Law Reform if he will confirm or extend the residency status in the case of persons (details supplied) in County Louth; and if he will make a statement on the matter. [15864/08]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The person concerned arrived in the State on 2 April 2004 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 17 January 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 making representations to the Minister setting out the reasons why he should be allowed to remain temporarily in the State. Representations have been submitted on behalf of the person concerned.

The person concerned also made an application for residency in the State on the basis of being the spouse of an EU National. However, following consideration of this application, under the provisions of the European Communities (Free Movement of Persons) Regulations 2006, a decision was made to refuse the application. The person concerned was notified of this decision by letter dated 21 August 2006. The case file of the person concerned now falls to be dealt with in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended). All representations submitted by and 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.

Bernard Durkan (Kildare North, Fine Gael)
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Question 231: To ask the Minister for Justice, Equality and Law Reform if he will confirm or extend the residency status in the case of persons (details supplied) in County Louth; and if he will make a statement on the matter. [15865/08]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The immigration case histories and up to date positions of the two persons concerned, a husband and wife, are almost identical. As a result, for the purposes of the Deputy's Question, I will deal with the two cases as one. Both of the persons concerned arrived in the State on 10 February 2003 along with their two children and applied for asylum. The children were included on their mother's asylum application. Their respective asylum applications were refused following the individual consideration of their cases 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), both of the persons concerned were informed, he by letter dated 15 September 2005 and she by letter dated 21 September 2005 (re-issued on 13 October 2005), that the Minister proposed to make deportation orders in respect of them and their children. They were each 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 they should be allowed to remain temporarily in the State. Representations were submitted on behalf of both of the persons concerned.

Following the individual consideration of their cases under Section 3 of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement, as an exceptional measure, the persons concerned and their children were, subject to certain stated conditions, granted temporary leave to remain in the State for a three year period until 16 April 2011. The persons concerned were notified of these decisions by separate letters dated 16 April 2008.