Bernard Durkan (Kildare North, Fine Gael)
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Question 844: To ask the Minister for Justice, Equality and Law Reform if extended residency will be offered and a green card restored in the case of a person (details supplied) in Dublin 24; and if he will make a statement on the matter. [23453/08]

Dermot Ahern (Louth, Fianna Fail)
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I refer the Deputy to Replies given to Parliamentary Questions No. 602 of Thursday 17 April 2008, No. 467 of Tuesday 26 February 2008, No. 247 of Thursday 31 January 2008, No. 232 of Thursday 28 June 2007, No. 142 of Thursday 28 September 2006 and No. 63 of Thursday 15 June 2006.

The person concerned arrived in the State on 9 May 2005 and applied for asylum on 11 May 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 12 June 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 submitting written 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 10 October 2006, regulations known as the European Communities (Eligibility for Protection) Regulations, 2006 (S.I No. 518 of 2006) came into force. The person concerned was notified, by letter dated 31 January 2008, of his entitlement to submit an application for Subsidiary Protection in the State in accordance with these Regulations, within the following 15 working days. The person concerned submitted an application for Subsidiary Protection in the State 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 is passed to me for decision.

Bernard Durkan (Kildare North, Fine Gael)
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Question 845: 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 Kerry; and if he will make a statement on the matter. [23454/08]

Dermot Ahern (Louth, Fianna Fail)
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The person concerned arrived in the State on 4 May 2005 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 11 November 2005, 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.