Bernard Durkan (Kildare North, Fine Gael)
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Question 828: To ask the Minister for Justice, Equality and Law Reform if permission to remain in the State on humanitarian grounds will be offered to persons (details supplied) in County Clare; and if he will make a statement on the matter. [29224/08]

Dermot Ahern (Louth, Fianna Fail)
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The first named person concerned arrived in the State on 22 December 2004 and applied for asylum. Her application was refused following consideration of her 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 first named person concerned was informed, by letter dated 20 May 2008, that the Minister proposed to make a deportation order in respect of her. She 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 she should be allowed to remain temporarily in the State. In addition, she was notified of her 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 first named person concerned submitted an application for Subsidiary Protection in the State in accordance with these Regulations and this application is under consideration at present. When consideration of this application has been completed, the first named 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 first named 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 first named person concerned is passed to me for decision.

The husband of the first named person concerned made an application for asylum on his own behalf and on behalf of a minor child on 29 December 2004. 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 husband of the first named person concerned was informed, by letter dated 12 September 2005, that the Minister proposed to make deportation orders in respect of him and his child. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of deportation orders or of making representations to the Minister setting out the reasons why he and his child should be allowed to remain temporarily in the State.

Following the consideration of the case of the husband of the first named person concerned 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, deportation orders were signed in respect of him and his child. The husband of the first named person concerned initiated Judicial Review Proceedings in the High Court on 10 April 2006 challenging the decision to make deportation orders in respect of them. As the Judicial Review Proceedings are ongoing, it would not be appropriate for me to comment further on the matter at this time.

The other two minor children of the couple concerned made asylum applications in their own right on separate dates in April and June 2006. Both claims were investigated separately by the Office of the Refugee Applications Commissioner who concluded that neither met the criteria for recognition as refugees. Both of the children have initiated Judicial Review Proceedings challenging the determinations of the Refugee Applications Commissioner in their cases. As the Judicial Review Proceedings are ongoing, it would not be appropriate for me to comment further on the cases at this time.

Bernard Durkan (Kildare North, Fine Gael)
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Question 829: 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 8; and if he will make a statement on the matter. [29225/08]

Dermot Ahern (Louth, Fianna Fail)
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The person concerned arrived in the State on 23 December 2006 and applied for asylum on 6 June 2007. Her application was refused following consideration of her 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 March 2008, that the Minister proposed to make a deportation order in respect of her. She 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 she should be allowed to remain temporarily in the State. In addition, she was notified of her 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 submitted an application for Subsidiary Protection in the State in accordance with these Regulations and, following consideration of this application, it was determined that the person concerned was not eligible for Subsidiary Protection in the State. The person concerned was notified of this decision by letter dated 1 July 2008.

The case file of the person concerned, including all representations submitted, will now be considered under Section 3(6) of the Immigration Act, 1999 (as amended) and Section 5of 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.