Bernard Durkan (Kildare North, Fine Gael)
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Question 67: To ask the Minister for Justice, Equality and Law Reform the progress in regard to a residency application in the case of a person (details supplied) in Dublin 6; and if he will make a statement on the matter. [35342/08]

Dermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum on 20 September 2006. Following investigation by the Office of the Refugee Applications Commissioner, it was established that the person concerned had previously made an asylum application in Germany and, as such, a determination was made, in accordance with the provisions of the Dublin II Regulations, that the person concerned should be transferred to Germany for the purposes of having his asylum application examined there. This determination was upheld following an appeal to the Refugee Appeals Tribunal. Consequently, a Transfer Order was signed in respect of the person concerned on 22 November 2006. This Order was subsequently served on the person concerned, by letter dated 23 November 2006, which placed a legal obligation on him to 'present' himself at the Offices of the Garda National Immigration Bureau (GNIB), on Wednesday 29 November 2006, to make arrangements for his formal transfer to Germany. The person concerned failed to 'present' on this occasion and was therefore classified as having 'evaded' his transfer. The person concerned became illegally resident in this State at that time.

The person concerned continued to evade his transfer with the consequence that the Transfer Order ultimately expired leaving Ireland responsible for processing the asylum application of the person concerned. At this point the case of the person concerned was referred back to the Office of the Refugee Applications Commissioner for the purposes of having his asylum claims investigated. Subsequently, the Office of the Refugee Applications Commissioner made a recommendation that the person concerned be refused a declaration of refugee status. This recommendation was, on appeal, upheld by the Refugee Appeal Tribunal.

In accordance with Section 3 of the Immigration Act, 1999 (as amended), the person concerned was informed, by letter dated 26 September 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). To date no response has been received in my Department to this letter.

The 15 day period referred to in my Department's letter of 26 September 2008 expires on 17 October 2008. It is open to the person concerned to make representations and/or to apply for Subsidiary Protection in the State within that period. The case of the person concerned will be considered further upon receipt of a response to my Department's letter of 26 September 2008.

Bernard Durkan (Kildare North, Fine Gael)
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Question 68: To ask the Minister for Justice, Equality and Law Reform when an application for residency status and refugee status will be concluded in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [35343/08]

Dermot Ahern (Louth, Fianna Fail)
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It is not the practice to comment in detail on individual asylum applications.

As the Deputy will be aware, applications for refugee status in the State are determined by an independent process comprising the Office of the Refugee Applications Commissioner and the Refugee Appeals Tribunal which make recommendations to the Minister for Justice, Equality and Law Reform on whether such status should be granted.

A final decision on each application is made following receipt of the recommendation of the Refugee Applications Commissioner or the decision of the Refugee Appeals Tribunal, as appropriate.

Bernard Durkan (Kildare North, Fine Gael)
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Question 69: To ask the Minister for Justice, Equality and Law Reform when an application for residency status will be concluded in the case of persons (details supplied) in County Meath; and if he will make a statement on the matter. [35344/08]

Dermot Ahern (Louth, Fianna Fail)
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The first named person concerned arrived in the State with her daughter and applied for asylum on 26 January 2005. She included her daughter in her application. The application was refused following consideration of their 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 first named person concerned was informed, by letter dated 14 August 2008, that the Minister proposed to make Deportation Orders in respect of her and her daughter. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of Deportation Orders or of making representations to the Minister setting out the reasons why they should be allowed to remain temporarily in the State. In addition, she was notified of her 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 first named 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 first named 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 first named 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 first named person concerned is passed to me for decision.

The second named person concerned, a child of the first named person concerned, has lodged a separate asylum application. It is not the practice to comment in detail on individual asylum applications where a final decision has not been made.

As the Deputy will be aware, applications for refugee status in the State are determined by an independent process comprising the Office of the Refugee Applications Commissioner and the Refugee Appeals Tribunal which make recommendations to the Minister for Justice, Equality and Law Reform on whether such status should be granted.

A final decision on each application is made following receipt of the recommendation of the Refugee Applications Commissioner or the decision of the Refugee Appeals Tribunal, as appropriate.