Bernard Durkan (Kildare North, Fine Gael)
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Question 375: 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 Dublin 1; and if he will make a statement on the matter. [24590/08]

Dermot Ahern (Louth, Fianna Fail)
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The person concerned arrived in the State on 24 November 2003 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 30 November 2005, re-issued on 13 December 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.

On 21 December 2005 the person concerned submitted an application for re-admittance to the asylum process, in accordance with the provisions of Section 17(7) of the Refugee Act, 1996 (as amended). Following consideration of this application, the application was refused and a decision notified to the person concerned, through his legal advisor, by letter dated 6 February 2006. The person concerned initiated Judicial Review Proceedings challenging the Minster's decision to refuse the application for re-admittance to the asylum process. On 25 May 2007 the person concerned was notified that the High Court refused to grant the reliefs sought in the Judicial Review Proceedings.

Arising from this decision, the person concerned was advised that his legal entitlement to be in the State had expired and, as such, his case fell to be dealt with in accordance with the provisions of the Immigration Act, 1999 (as amended). Accordingly, the person concerned was advised of the options open to him at that point in time, namely to leave the State voluntarily, to consent to the making of a deportation order or to submit, within 15 working days, representations to the Minister setting out the reasons why he should be allowed to remain temporarily in the State. In addition, he was notified of his entitlement to apply for Subsidiary Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations, 2006 (S.I. No. 518 of 2006).

The person concerned left the State on a date unknown and was subsequently apprehended by the UK authorities. On 11 January 2007, in accordance with the provisions of the Dublin II Regulations, the UK authorities requested that this State 'take back' the person concerned and this State acceded to that request. However, before arrangements could be made to effect the transfer of the person concerned from the UK to this State, the person concerned absconded with the consequence that the proposed transfer could not be effected at that time. This position has obtained since 12 July 2007.

Separately, on 25 April 2007, the legal representative of the person concerned, on his client's behalf, 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). At the time this application was accepted, it was not known by my Department that the person concerned was the subject of transfer arrangements from the UK, under the provisions of the Dublin II Regulations. In any event, the Subsidiary Protection application of the person concerned will now be considered and when a decision has been made on this application, this will be conveyed in writing to the person concerned.

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 376: To ask the Minister for Justice, Equality and Law Reform the progress in determining the residency status in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [24591/08]

Dermot Ahern (Louth, Fianna Fail)
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I refer the Deputy to Parliamentary Questions Nos. 406 of Tuesday 8 April 2008, 103 of Thursday 7 December 2006, 245 of Thursday 25 May 2006, 151 of Thursday 11 May 2006 and 326 of Thursday 6 April 2006 and the written Replies to those Questions. The person concerned arrived in the State on 22 October 2003 and applied for asylum. His asylum 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 16 February 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 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.

Bernard Durkan (Kildare North, Fine Gael)
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Question 377: To ask the Minister for Justice, Equality and Law Reform the position in respect of the application for residency in the case of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [24592/08]

Dermot Ahern (Louth, Fianna Fail)
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I refer the Deputy to Parliamentary Questions Nos. 214 of Thursday, 15 May 2008, 196 of Thursday, 28 February 2008 and 243 of Thursday, 31 January 2008 and the written Replies to those Questions. The person concerned arrived in the State on 7 July 2003 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 7 July 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 were submitted by 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 is passed to me for decision.