Bernard Durkan (Kildare North, Fine Gael)
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Question 843: 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 Cork; and if he will make a statement on the matter. [29836/08]

Dermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum on 22 January 2007. 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 6 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. 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 case file of the person concerned is passed to me for decision.

Bernard Durkan (Kildare North, Fine Gael)
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Question 844: 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 Carlow; and if he will make a statement on the matter. [29837/08]

Dermot Ahern (Louth, Fianna Fail)
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I refer the Deputy to Parliamentary Question No. 242 of Thursday, 3 April 2008 and the written Reply to that Question.

The person concerned arrived in the State on 25 April 2003 and applied for asylum. 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 16 May 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 received 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 845: 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 Dublin 12; and if he will make a statement on the matter. [29838/08]

Dermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum on 21 June 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 14 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 were submitted on behalf of the person concerned.

His case was examined 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 and all representations received were considered in arriving at a decision in his case. On 28 June 2004 a Deportation Order was signed in respect of the person concerned. Notice of this Order was served by registered post dated 11 January 2005. This communication advised the person concerned of the legal requirement that he present himself at the Offices of the Garda National Immigration Bureau (GNIB) on 20 January 2005 in order to make travel arrangements for his deportation from the State. The person concerned failed to 'present' on this occasion and, as such, was classified as evading his deportation.

On 19 August 2008, an application for revocation of the Deportation Order, under Section 3(11) of the Immigration Act 1999 (as amended), was submitted on behalf of the person concerned and this application is currently under consideration in my Department. The person concerned will be notified in writing when a decision has been made on this application. The Deputy might wish to note that the documentation he refers to in his Question was submitted as part of the Section 3(11) application I referred to.