Bernard Durkan (Kildare North, Fine Gael)
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Question 54: To ask the Minister for Justice, Equality and Law Reform the progress to date in regard to a residency application in the case of a person (details supplied) in County Wexford; and if he will make a statement on the matter. [35329/08]

Dermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum on 11 April 2007. 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 21 August 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, is passed to me for decision.

Bernard Durkan (Kildare North, Fine Gael)
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Question 55: To ask the Minister for Justice, Equality and Law Reform when the necessary residency status will be approved in the case of a person (details supplied) in Dublin 2; and if he will make a statement on the matter. [35330/08]

Dermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum on 21 April 2004. His asylum 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 September 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 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 before the file is passed to me for decision.