Mattie McGrath (Tipperary South, Fianna Fail)
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Question 532: To ask the Minister for Justice, Equality and Law Reform the status of an application for residency in the State by a person (details supplied) in County Waterford; and if he will make a statement on the matter. [25518/08]

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 after this closing date, it was too late for consideration under the Scheme and the person concerned was made aware of the non-acceptance of his IBC/05 application 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 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.