Denis Naughten (Roscommon-South Leitrim, Fine Gael)
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Question 394: To ask the Minister for Justice, Equality and Law Reform further to Question No. 190 of 15 May 2008 and Question No. 395 of 8 April 2008, when a decision will be made on an application for family reunification made in April 2006; and if he will make a statement on the matter. [20564/08]

Dermot Ahern (Louth, Fianna Fail)
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The wife of the person referred to by the Deputy was admitted to the State in November 2004 as a programme refugee. The person in question is the subject of a Family Reunification application made by his wife in April 2006. This application will be considered by my Department and a decision will issue in due course.

Joe Costello (Dublin Central, Labour)
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Question 395: To ask the Minister for Justice, Equality and Law Reform the status of the application for residency of a person (details supplied); and if he will make a statement on the matter. [20579/08]

Dermot Ahern (Louth, Fianna Fail)
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The person concerned arrived in the State on 18 February 2001 with his father and was included under his application for asylum in the State. However, he was taken into the care of the Health Service Executive in 2003 and subsequently applied for asylum in his own right on 8 March 2006. 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 9 November 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 were received from the person concerned.

The person concerned 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), however this application was deemed invalid as it was not signed by the applicant. The legal representative of the person concerned was notified of this by letter dated 15 December 2006 and was instructed to submit a signed form containing the signature of the person concerned. The legal representative of the person concerned informed my Department by letter dated 20 November 2007 that the person concerned wished to withdraw his application for Subsidiary Protection. 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.