Bernard Durkan (Kildare North, Fine Gael)
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Question 811: To ask the Minister for Justice, Equality and Law Reform the position in relation to an application for leave to remain here in the case of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [23037/08]

Dermot Ahern (Louth, 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 each application is made upon receipt of the recommendation of the Refugee Applications Commissioner or the decision of the Refugee Appeals Tribunal, as appropriate.

Joanna Tuffy (Dublin Mid West, Labour)
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Question 812: To ask the Minister for Justice, Equality and Law Reform the status of an application for leave to remain in the State by a person (details supplied) in County Dublin; when a decision will be made on the application; and if he will make a statement on the matter. [23044/08]

Dermot Ahern (Louth, Fianna Fail)
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The person concerned arrived in the State on 23 August 1999 and applied for asylum. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, 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 18 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.

Tom Hayes (Tipperary South, Fine Gael)
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Question 813: To ask the Minister for Justice, Equality and Law Reform the position in the case of a person (details supplied) in County Tipperary. [23077/08]

Dermot Ahern (Louth, Fianna Fail)
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The person concerned arrived in the State on 8 December 2005 and applied for asylum on 9 December 2005. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, 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 April 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.

On 14 December 2005, an application was received on behalf of the person concerned for permission to remain in the State under the revised arrangements for non-EEA parents of children born in the State prior to 1 January 2005, commonly referred to as the IBC/05 Scheme. The closing date for the submission of applications under this Scheme was 31 March 2005. As the application was received long after this closing date, it was too late for consideration and the person concerned was informed of this by letter dated 15 December 2005.

The person concerned has 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 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 is passed to me for decision.