Mattie McGrath (Tipperary South, Fianna Fail)
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Question 511: To ask the Minister for Justice, Equality and Law Reform the status of an application for residency under subsidiary protection of a person (details supplied) in County Tipperary; if he will confirm that his Department is in receipt of same; if so, if the application will be assessed as soon as possible; and if he will make a statement on the matter. [18677/08]

Dermot Ahern (Louth, Fianna Fail)
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I refer the Deputy to Parliamentary Questions No. 568 of Tuesday 12 February 2008 and No. 495 of Tuesday 4 March 2008 and the written Replies to those Questions.

The person concerned, and her three children, arrived in the State on 31 May 2005 and applied for asylum on 8 June 2005. 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 31 May 2006, that the Minister proposed to make a deportation order 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 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 submitted on behalf of the person concerned.

The person concerned has also 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) 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.