Bernard Durkan (Kildare North, Fine Gael)
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Question 814: To ask the Minister for Justice, Equality and Law Reform the progress that has taken place in the past six months in an application for residency in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [27112/08]

Dermot Ahern (Louth, Fianna Fail)
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I refer the Deputy to Parliamentary Questions No. 201 of Thursday 10 April 2008, No. 200 of Thursday 28 February 2008 and No. 971 of Wednesday 26 September 2007 and the written Replies to those Questions.

The applications submitted by the person concerned for Subsidiary Protection and for Leave to Remain in the State are among a substantial number of such applications currently on hands in my Department. As the Deputy will appreciate, the consideration of such applications is resource intensive and this case will be processed as soon as possible.

Bernard Durkan (Kildare North, Fine Gael)
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Question 815: 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 Limerick; and if he will make a statement on the matter. [27113/08]

Dermot Ahern (Louth, Fianna Fail)
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The person concerned arrived in the State on 17 January 2000 and applied for asylum. His application was refused following consideration of his case by the then Asylum Division of the Department of Justice, Equality and Law Reform 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 1 March 2002, 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 at that time.

Following consideration of his case under Section 3 of the Immigration Act, 1999 (as amended) and Section 5 of the Refugee Act, 1996 (as amended) on the prohibition of refoulement, a deportation order was signed in respect of the person concerned on 28 October 2003. This deportation order was not, however, served on the person concerned and it was revoked on 23 April 2007.

Separately, the person concerned applied for permission to remain in the State on the basis of his parentage of an Irish born child, in accordance with the revised arrangements applicable to the non-national parents of Irish born children, born in the State before 1 January 2005, commonly known as the IBC/05 scheme. This application was refused, primarily because the person concerned did not meet the 'good character' conditions attaching to the Scheme. The person concerned was notified that his application had been refused by letter dated 7 December 2005.

The immigration status of the person concerned is currently being reviewed. Against this background, the person concerned was invited, by letter dated 19 April 2007, to submit updated representations in support of his application for leave to remain in the State. He was also invited to submit 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) which came into force on 10 October 2006.

The person concerned has 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.