Bernard Durkan (Kildare North, Fine Gael)
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Question 927: To ask the Minister for Justice, Equality and Law Reform the position regarding the residency status and family reunification of a person (details supplied) in Dublin 8; and if he will make a statement on the matter. [30485/08]

Dermot Ahern (Louth, Fianna Fail)
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I understand from the Immigration Division of my Department that a decision has been reached in relation to the application of the person concerned and they will be informed of the decision shortly.

Bernard Durkan (Kildare North, Fine Gael)
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Question 928: 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 Dublin 8; and if he will make a statement on the matter. [30486/08]

Dermot Ahern (Louth, Fianna Fail)
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I refer the Deputy to Parliamentary Question No. 829 of Tuesday 17 June 2008 and the written Reply to that Question.

The person concerned applied for asylum on 1 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 12 February 2008, 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 929: To ask the Minister for Justice, Equality and Law Reform the position in relation to residency in the case of a person (details supplied) in County Louth; when will they qualify for citizenship; and if he will make a statement on the matter. [30487/08]

Dermot Ahern (Louth, Fianna Fail)
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The person concerned arrived in the State on the 17 of May 2002 and applied for asylum on 20 May 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 16 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.

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. Consideration was given to representations submitted on his behalf for permission to remain in the State. On 26 August 2004, one of my predecessors refused permission to remain temporarily in the State and instead signed a Deportation Order in respect of him. Notice of this order was served by registered post requiring the person concerned to present himself at the Garda National Immigration Bureau (GNIB) 13-14 Burgh Quay, Dublin 2 on 6 January 2005 in order to make travel arrangements for his removal from the State. The person concerned presented as required. He was given further presentation dates which he kept. He is due to present again shortly.

The effect of the Deportation Order is that the person concerned must leave the State and remain thereafter out of the State. The enforcement of the Deportation Order is an operational matter for the GNIB.

Tom Hayes (Tipperary South, Fine Gael)
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Question 930: To ask the Minister for Justice, Equality and Law Reform the position of an application for residency or subsidiary protection by a person (details supplied) in County Tipperary. [30537/08]

Dermot Ahern (Louth, Fianna Fail)
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I refer the Deputy to Parliamentary Question No. 813 of Tuesday 17 June 2008 and the written Reply to that Question.

The person concerned applied for asylum on 9 December 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 person concerned was informed, by letter dated 28 April 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.

On 14 December 2005, an application was received on behalf of the person concerned for permission to remain in the State under the revised arrangements for non-EEA parents of children born in the State prior to 1 January 2005, commonly referred to as the IBC/05 Scheme. The Closing Date for the submission of applications under this Scheme was 31 March 2005. As the application was received long after this Closing Date, it was much too late for consideration under the Scheme and the person concerned was made aware of the non-acceptance of his IBC/05 application by letter dated 15 December 2005.

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.

Tom Hayes (Tipperary South, Fine Gael)
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Question 931: To ask the Minister for Justice, Equality and Law Reform the position of an application for residency by a person (details supplied) in County Tipperary. [30538/08]

Dermot Ahern (Louth, Fianna Fail)
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I refer the Deputy to Parliamentary Question No. 379 of Tuesday 24 June 2008, and the written Reply to that Question.

The person concerned applied for asylum on 22 December 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 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. 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.

The Deputy might wish to note that the person concerned also made an application for permission to remain in the State in accordance with the revised arrangements applicable to the non-EEA national parents of Irish born children, born in the State before 1 January 2005. The revised arrangements in question, commonly referred to as the IBC/05 Scheme, were announced by the Minister for Justice, Equality and Law Reform on 15 January 2005 and the Closing Date for receipt of applications was 31 March 2005. The application of the person concerned was received on 18 January 2006 and, as such, was received much too late for consideration. The person concerned was made aware of the non-acceptance of his IBC/05 application by letter dated 25 January 2006.