Bernard Durkan (Kildare North, Fine Gael)
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Question 1021: To ask the Minister for Justice, Equality and Law Reform the position in relation to an application for residency and naturalisation in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [31560/08]

Dermot Ahern (Louth, Fianna Fail)
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I refer the Deputy to Question No. 173 of Thursday, 26 June 2008 and the written Reply to that Question. The person concerned applied for asylum on 13 August 2002. 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 29 August 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 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.

Bernard Durkan (Kildare North, Fine Gael)
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Question 1022: 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 County Dublin; and if he will make a statement on the matter. [31561/08]

Dermot Ahern (Louth, Fianna Fail)
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I refer the Deputy to the written replies to Question No. 814 of Tuesday, 8 July 2008, Question No. 201 of Thursday, 10 April 2008 and Question No. 200 of Thursday, 28 February 2008. The person concerned applied for asylum on 26 June 2003. 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 June 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 reasons as to why he should be allowed to remain temporarily in the State. Representations were received on behalf of the person concerned.

On 10 October 2006, Regulations known as the European Communities (Eligibility for Protection) Regulations, 2006, S.I. No. 518 of 2006, came into force. 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. If 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.