Bernard Durkan (Kildare North, Fine Gael)
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Question 792: 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 Meath; and if he will make a statement on the matter. [29781/08]

Dermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum on 3 August 2006. 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 30 March 2007, 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. In addition, he was notified of his 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 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 file is passed to me for decision.

Bernard Durkan (Kildare North, Fine Gael)
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Question 793: 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 Dublin. [29782/08]

Dermot Ahern (Louth, Fianna Fail)
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The first named person concerned applied for asylum on 23 November 2005. 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 first named person concerned was informed, by letter dated 22 November 2007, 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 received from the first named person concerned.

The first named person concerned has also 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 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 Deputy might wish to note that, separately, the first named person concerned applied for permission to remain in the State on the basis of his being the parent of an Irish citizen child, born in the State before 1 January 2005, in accordance with the provisions of the IBC/05 Scheme. However, as this application was received on 22 December 2005, long after the Scheme's 31 March 2005 closing date, the application was refused. The first named person concerned was notified of this refusal decision by letter dated 9 January 2006.

The second named person concerned has been granted Leave to Remain in the State for a three year period to 12 August 2011. This decision was conveyed in writing to the second named person concerned by letter dated 12 August 2008.

Bernard Durkan (Kildare North, Fine Gael)
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Question 794: 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. [29783/08]

Dermot Ahern (Louth, Fianna Fail)
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The first named person concerned applied for asylum on 8 September 2003. 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 first named person concerned was informed, by letter dated 17 August 2004, 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 were submitted on behalf of the first named person concerned at that time.

The second named person concerned applied for asylum on 23 June 2003, on behalf of herself and her infant son. Her application was refused following consideration of her 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 second named person concerned was informed, by letter dated 29 June 2004, that the Minister proposed to make Deportation Orders in respect of her and her son. 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 son should be allowed to remain temporarily in the State. Representations were submitted on behalf of the second named person concerned at that time.

Following the individual consideration of their cases under Section 3 of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement, as an exceptional measure and subject to certain stated conditions, both of the persons concerned, and their child, were granted temporary leave to remain in the State for a one year period until 31 July 2009. The persons concerned were notified of these decisions by separate letters dated 31 July 2008.