Bernard Durkan (Kildare North, Fine Gael)
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Question 731: 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 Louth; and if he will make a statement on the matter. [31785/08]

Bernard Durkan (Kildare North, Fine Gael)
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Question 828: 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. [29818/08]

Dermot Ahern (Louth, Fianna Fail)
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I propose to take Questions Nos. 731 and 828 together.

The person concerned applied for asylum on 22 May 2002. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, by 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 2003, 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 before the file is passed to me for decision.

Bernard Durkan (Kildare North, Fine Gael)
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Question 732: To ask the Minister for Justice, Equality and Law Reform the position in regard to an application for residency in the case of a person (details supplied) in Dublin 24; and if he will make a statement on the matter. [31801/08]

Bernard Durkan (Kildare North, Fine Gael)
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Question 821: 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 24; and if he will make a statement on the matter. [29811/08]

Dermot Ahern (Louth, Fianna Fail)
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I propose to take Questions Nos. 732 and 821 together.

The person concerned applied for asylum on 4 February 2002. 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 8 October 2004, 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. Representations were received from the person concerned.

The person concerned also made an application 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. However, upon examination of this application, it was determined that the person concerned did not satisfy the Scheme's criteria and, as such, her application was refused. The person concerned was notified of this decision by letter dated 4 August 2005.

The person concerned subsequently 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.