Bernard Durkan (Kildare North, Fine Gael)
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Question 734: To ask the Minister for Justice, Equality and Law Reform the position in relation to residency in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [31555/08]

Dermot Ahern (Louth, Fianna Fail)
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This applicant applied for asylum on 11th February 2003. Her application was refused, as was a subsequent appeal to the Refugee Appeals Tribunal. A Deportation order was made on 16 December 2004. Judicial Review proceedings were initiated by the applicant challenging the Deportation Order on 1 March 2005. The matter is therefore sub judice and I do not propose to comment further.

The person concerned also submitted an application for Subsidiary Protection pursuant to the European Communities (Eligibility for Protection) Regulations, 2006 (S.I. No. 518 of 2006, 'The Regulation') on 10th October 2006. She was informed on 19 October 2006 that her application was invalid as the Deportation Order had been made in respect of her prior to the coming into force of the Regulation on 10 October 2006. Judicial Review proceedings challenging this decision were instituted on 9 November 2006.

These Judicial Review proceedings were settled following the judgement of Mr Justice Feeney in the cases of Hila & Djolo, where he determined that under Regulation 4(2) of the European Communities (Eligibility for Protection) Regulations 2006 (S.I No. 518 of 2006) that I have discretion to accept and consider applications for Subsidiary Protection from persons who do not have an automatic right to apply but who have identified new facts or circumstances which demonstrate a change of position from that which pertained at the time the Deportation Order was made.

Subsequently the person concerned submitted an application pursuant to the European Communities (Eligibility for Protection) Regulations, 2006 (S.I No. 518 of 2006) on 26 November 2007, requesting that I exercise discretion to accept and consider an application for Subsidiary Protection. Following a consideration of the material submitted it was concluded that the applicant had established no grounds which would enable me to exercise discretion under Regulation 4(2). The person was notified of my decision on 18 March 2008. Judicial Review proceedings were issued on 11 April 2008 challenging this decision. The matter is therefore sub judice and I do not propose to comment further.

Bernard Durkan (Kildare North, Fine Gael)
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Question 735: To ask the Minister for Justice, Equality and Law Reform the position in relation to an application for residency in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [31571/08]

Dermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum on 14 September 2006. Her infant child was included as a child dependant in this application. Her asylum 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 30 May 2007, that the Minister proposed to make Deportation Orders in respect of her and her child. She 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 she and her child should be allowed to remain temporarily in the State. In addition, the person concerned 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 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.