Bernard Durkan (Kildare North, Fine Gael)
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Question 865: To ask the Minister for Justice, Equality and Law Reform the position in respect of an application for residency in the case of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [29898/08]

Dermot Ahern (Louth, Fianna Fail)
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I refer the Deputy to Parliamentary Questions Nos. 848 of Thursday 10 July 2008, 377 of Tuesday 24 June 2008, 214 of Thursday 15 May 2008, 196 of Thursday 28 February 2008 and 243 of Thursday 31 January 2008 and the written Replies to those Questions. The person concerned applied for asylum on 7 July 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 person concerned was informed, by letter dated 7 July 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 were submitted by the person concerned at that time. The 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 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 866: To ask the Minister for Justice, Equality and Law Reform the progress in determining the residency status in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [29899/08]

Bernard Durkan (Kildare North, Fine Gael)
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Question 1006: To ask the Minister for Justice, Equality and Law Reform the position on an application for residency in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [31543/08]

Dermot Ahern (Louth, Fianna Fail)
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I propose to take Questions Nos. 866 and 1006 together.

I refer the Deputy to Parliamentary Questions Nos. 376 of Tuesday 24 June 2008 and 406 of Tuesday 8 April 2008 and the written Replies to those Questions. The person concerned applied for asylum on 23 October 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 person concerned was informed, by letter dated 16 February 2006, 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, 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.