Bernard Durkan (Kildare North, Fine Gael)
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Question 145: 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 County Meath; and if he will make a statement on the matter. [34405/08]

Dermot Ahern (Louth, Fianna Fail)
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The person concerned applied for a declaration of refugee status in the State on 5th January, 2005. Her application was refused and a deportation order was made in respect of her on 15th September, 2005.

The individual submitted an application for subsidiary protection pursuant to the European Communities (Eligibility for Protection) Regulations, 2006, S.I. No. 518 of 2006 ('the Regulations') on 24th January, 2007. She was informed on 27th February, 2007 that her application was invalid and could not be considered as she was a person in respect of whom a deportation order was signed prior to the coming into force of the Regulations on 10th October, 2006. Judicial review proceedings challenging this decision were instituted on 20th April, 2007.

These judicial review proceedings were settled following the judgement of the High Court in the cases of Djolo and Hila, where it was determined that under Regulation 4(2) of the European Communities (Eligibility for Protection) Regulations, 2006, S.I. No. 518 of 2006, it is open to me to exercise discretion to accept and consider applications for subsidiary protection from persons who do not have an automatic right to apply but who have identified new facts or circumstances which demonstrate a change of position from that which pertained at the time the deportation order was made.

The individual in question submitted an application pursuant to Regulation 4(2) of the European Communities (Eligibility for Protection) Regulations, 2006 S.I. No. 518 of 2006 on 26th November, 2007, for my predecessor to exercise discretion to accept and consider an application for subsidiary protection from her. Following consideration of the material submitted, the application was refused and the person was notified of this decision on 14th March, 2008.

The applicant instituted judicial review proceedings on 31st March 2008 challenging the decision to refuse to exercise discretion to consider an application for subsidiary protection. As the matter is sub judice, I do not propose to comment further.