Bernard Durkan (Kildare North, Fine Gael)
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Question 527: 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. [19578/08]

Dermot Ahern (Louth, Fianna Fail)
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I refer the Deputy to Parliamentary Questions No. 220 of Thursday 3 April 2008, No. 391 Tuesday 22 April 2008 and the written Replies to those Questions. 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 is passed to me for decision.

The second named person referred to by the Deputy applied for Asylum on 24 October 2006. The claim was assessed by the Refugee Applications Commissioner who concluded that the second named person concerned did not meet the criteria for recognition as a refugee. The Commissioner's recommendation was communicated to him by letter dated 15 November 2006. This communication advised the person of his entitlement to appeal the Commissioner's recommendation to the Refugee Appeals Tribunal, which he duly did. The Refugee Appeals Tribunal considered the second named person's appeal, following which the Tribunal affirmed the Commissioner's earlier recommendation to reject his claim. The outcome of the appeal was made known to the applicant by letter dated 12 May 2008.

In accordance with normal procedures, the applicant's file will be forwarded to my Department's Ministerial Decisions Unit for final processing of the Asylum claim. A letter will issue to him from my Department advising him formally that his asylum claim had been rejected and affording him three options as follows: 1. Return home voluntarily; 2. Consent to the making of a deportation order, or; 3. Make written representations to me within 15 working days for temporary leave to remain in the State and/or make an application for subsidiary protection under the European Communities (Eligibility for Protection) Regulations 2006 (SI No. 518 of 2006).