Bernard Durkan (Kildare North, Fine Gael)
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Question 135: To ask the Minister for Justice, Equality and Law Reform the position in regard to residency or family reunification in the case of a person (details supplied) in County Louth; and if he will make a statement on the matter. [34395/08]

Dermot Ahern (Louth, Fianna Fail)
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I refer the Deputy to my answer to his previous Parliamentary Question.

I am informed by the Immigration Division of my Department that the person concerned is the subject of a Family Reunification/Permission To Remain application made in September 2006.

The Family Reunification/Permission To Remain application for the person in question was withdrawn by the applicant in September 2008.

Bernard Durkan (Kildare North, Fine Gael)
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Question 136: To ask the Minister for Justice, Equality and Law Reform the position in regard 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. [34396/08]

Dermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum on 2 June 2005. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner. The person concerned was notified of his entitlement to appeal this determination to the Refugee Appeals Tribunal but chose to not do so.

Subsequently, in accordance with Section 3 of the Immigration Act, 1999 (as amended), the person concerned was informed, by letter dated 13 January 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 submitting written 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.

The person concerned later submitted an application to be re-admitted to the asylum process in accordance with the provisions of Section 17(7) of the Refugee Act, 1996 (as amended). Following consideration of this application, a decision was made to refuse the application.

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 was notified of his entitlement to submit an application for Subsidiary Protection in the State in accordance with these Regulations. The person concerned submitted an application for Subsidiary Protection in the State and, following consideration of this application, it was determined that the person concerned was not eligible for Subsidiary Protection in the State. The person concerned was notified of this decision by letter dated 21 August 2008.

The case file of the person concerned, including all representations submitted, now falls to be dealt with in accordance with the provisions of 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 consideration has been completed, the case file of the person concerned is passed to me for decision.