Bernard Durkan (Kildare North, Fine Gael)
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Question 787: To ask the Minister for Justice, Equality and Law Reform the status of a person (details supplied) in Dublin 8; and if he will make a statement on the matter. [29776/08]

Dermot Ahern (Louth, Fianna Fail)
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I refer the Deputy to Parliamentary Question Nos. 836 of Thursday 10 July 2008 and 204 of Thursday 28 February 2008 and the written Replies to those Questions.

The person concerned applied for asylum on 13 January 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 person concerned was informed, by letter dated 27 October 2005, re-issued on 17 November 2005, 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.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.