Bernard Durkan (Kildare North, Fine Gael)
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Question 786: To ask the Minister for Justice, Equality and Law Reform the current or expected residency status in the case of persons (details supplied) in County Meath; and if he will make a statement on the matter. [29775/08]

Dermot Ahern (Louth, Fianna Fail)
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With regard to the first named person, it is not the practice to comment in detail on individual asylum applications.

As the Deputy will be aware, applications for refugee status in the State are determined by an independent process comprising the Office of the Refugee Applications Commissioner and the Refugee Appeals Tribunal which make recommendations to the Minister for Justice, Equality and Law Reform on whether such status should be granted.

A final decision on each application is made following receipt of the recommendation of the Refugee Applications Commissioner or the decision of the Refugee Appeals Tribunal, as appropriate.

With regard to the second named person and her child (the third named person), in accordance with Section 3 of the Immigration Act 1999 (as amended), the person was informed, by letter dated 22 April 2008, 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, 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 second 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 second named person will be notified in writing of the outcome.

In the event that the Subsidiary Protection application is refused, the case file of the second named person, 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 is passed to me for decision.

With regard to the fourth named person, in accordance with Section 3 of the Immigration Act 1999 (as amended), she was informed, by letter dated 27 June 2007, through her guardian, 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. No representations have been submitted on her behalf to date.

The case file of the fourth named person will 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, before the file is passed to me for decision.