Bernard Durkan (Kildare North, Fine Gael)
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Question 939: To ask the Minister for Justice, Equality and Law Reform if residency status, temporary or permanent on humanitarian or other grounds will be offered in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [30643/08]

Dermot Ahern (Louth, Fianna Fail)
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I refer the Deputy to Parliamentary Questions No. 222 of Thursday 15 May 2008 and No.193 of Thursday 10 April 2008 and the written Replies to those Questions.

The person concerned applied for asylum on 14 December 2001. As part of the process of having his asylum claims investigated, the person concerned was requested to attend for interview at the Offices of the Refugee Applications Commissioner on two separate occasions but he failed to do so. Neither did he provide any reason for his non-attendance. As a result, the Refugee Applications Commissioner made a recommendation to the Minister that the person concerned should not be declared to be a refugee.

Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), the person concerned was informed, by letter dated 5 June 2002, that the Minister proposed to make a Deportation Order in respect of him and he was made aware of the options open to him at that point in time namely; to leave the State voluntarily, to consent to deportation or to submit, within 15 working days, written representations setting out the reasons as to why he should be allowed to remain temporarily in the State. No such representations were submitted by, or on behalf of, the person concerned at that time. Following consideration of the case file of the person concerned under Section 3(6) of the Immigration Act, 1999 (as amended) and Section 5 of the Refugee Act, 1996 (as amended) on the prohibition on refoulement, a Deportation Order was signed in respect of the person concerned on 4 July 2003.

The person concerned subsequently submitted a request to be re-admitted to the asylum process, in accordance with the provisions of Section 17(7) of the Refugee Act, 1996 (as amended) and this request was granted. As a result, the Deportation Order in respect of the person concerned was revoked and the consideration of his asylum application commenced anew.

The asylum application of the person concerned was refused following consideration of his case by 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 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 deportation or of submitting, within 15 working days, written representations setting out the reasons as to 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.

Mary O'Rourke (Longford-Westmeath, Fianna Fail)
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Question 940: To ask the Minister for Justice, Equality and Law Reform the legal position of a person (details supplied) in County Westmeath who has been living and working here for seven years. [30673/08]

Dermot Ahern (Louth, Fianna Fail)
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The position in relation to granting long term residency is as follows: persons who have been legally resident in the State for over five years on the basis of work permit/work authorisation/work visa conditions may apply to my Department for a five year residency extension. In that context they may also apply to be exempt from employment permit requirements.

The dependants of the aforementioned, who have been legally resident in the State for over five years may also apply for long term residency. This particular long term permission does not grant an exemption from employment permit requirements to any such dependants.

Time spent in the State on student conditions cannot be counted towards long term residency.

While applications for long term residency are under consideration, the person concerned should ensure that their permission to remain in the State is kept up to date.

An application for long term residency from the person referred to by the Deputy was received in March 2007. I understand that applications received in January 2007 are currently being dealt with. As soon as a decision is made in his case, the person concerned will be notified.

Mary O'Rourke (Longford-Westmeath, Fianna Fail)
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Question 941: To ask the Minister for Justice, Equality and Law Reform the legal position of a person (details supplied) in County Westmeath who has been living and working here for five years. [30674/08]

Dermot Ahern (Louth, Fianna Fail)
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The position in relation to granting long term residency is as follows: persons who have been legally resident in the State for over five years on the basis of work permit/work authorisation/work visa conditions may apply to my Department for a five year residency extension. In that context they may also apply to be exempt from employment permit requirements.

The dependants of the aforementioned, who have been legally resident in the State for over five years may also apply for long term residency. This particular long term permission does not grant an exemption from employment permit requirements to any such dependants.

Time spent in the State on student conditions cannot be counted towards long term residency.

While applications for long term residency are under consideration, the person concerned should ensure that their permission to remain in the State is kept up to date.

The person referred to by the Deputy is currently in the State under stamp 3 (dependent spouse) conditions. As stated above, she may apply for long term residency under these conditions once her spouse has been granted stamp 4.

Mary O'Rourke (Longford-Westmeath, Fianna Fail)
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Question 942: To ask the Minister for Justice, Equality and Law Reform if he will review the case of a person (details supplied) in County Westmeath who seeks residency. [30675/08]

Dermot Ahern (Louth, Fianna Fail)
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The person concerned arrived in the State on 14 September, 2000 and applied for asylum. Her application was refused following consideration of her case by the Office of the Refugee Applications Commissioner.

Subsequently, in accordance with Section 3 of Immigration Act 1999, as amended, the person concerned was informed, by letter dated 29 January, 2002 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.

Her 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. On 19 April 2002, one of my predecessors refused permission to remain temporarily in the State and instead signed a Deportation Order in respect of her. Notice of this order was served by registered post requiring the person concerned to present herself at the Garda National Immigration Bureau (GNIB) 13-14 Burgh Quay, Dublin 2 on 24 May 2002 in order to make travel arrangements for her removal from the State. She failed to present as required and was classified as evading her deportation.

Late representations have been received from legal representatives of the person concerned. These representations are currently being considered by officials in my Department.

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.

Bernard Durkan (Kildare North, Fine Gael)
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Question 943: To ask the Minister for Justice, Equality and Law Reform the procedure to be followed to apply for family reunification by a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [30748/08]

Dermot Ahern (Louth, Fianna Fail)
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I am informed by the Immigration division of my Department that no Family Reunification application has been received from the person in question.

The Immigration Division of my Department issued an Information Leaflet to the person concerned on 19 September 2008 detailing the Family Reunification application procedure.

Bernard Durkan (Kildare North, Fine Gael)
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Question 944: To ask the Minister for Justice, Equality and Law Reform if all documentation appertaining to an application for residency status is in order in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [30749/08]

Dermot Ahern (Louth, Fianna Fail)
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The person concerned, and her two children, have been granted temporary Leave to Remain in the State for a three year period to 14 August 2010. This decision was conveyed in writing to the person concerned by letter dated 14 August 2007.

Bernard Durkan (Kildare North, Fine Gael)
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Question 945: 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 7; and if he will make a statement on the matter. [30750/08]

Dermot Ahern (Louth, Fianna Fail)
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I refer the Deputy to Parliamentary Question No. 231 of Thursday, 15 May 2008, and the written Reply to that Question.

The person concerned applied for asylum on 6 December 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 30 November 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 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.