Bernard Durkan (Kildare North, Fine Gael)
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Question 73: To ask the Minister for Justice, Equality and Law Reform the position in respect of residency and other status in the case of a person (details supplied) in County Limerick; and if he will make a statement on the matter. [35350/08]

Dermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum on 10 January 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 the United Kingdom and, as such, a determination was made that, in accordance with the provisions of the Dublin II Regulations, the person concerned should be transferred to the United Kingdom for the purposes of having his asylum application examined there. This determination was upheld following an appeal to the Refugee Appeals Tribunal. A Transfer Order was signed in respect of the person concerned on 11 May 2006. This Order was served on the person concerned, by letter dated 12 May 2006, which placed a legal obligation on him to present himself at the Offices of the Garda National Immigration Bureau (GNIB) on Tuesday 16 May 2006 to make arrangements for his formal transfer to the United Kingdom. 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. The Office of the Refugee Applications Commissioner made a recommendation that the person concerned be refused a declaration of refugee status.

In accordance with Section 3 of the Immigration Act, 1999 (as amended), the person concerned was informed, by letter dated 23 January 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. To date no such representations have been made by, or on behalf of, the person concerned. My Department has no knowledge of the arrest and imprisonment of the person concerned.

Bernard Durkan (Kildare North, Fine Gael)
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Question 74: To ask the Minister for Justice, Equality and Law Reform when an application for refugee status and residency status will be concluded in the case of a person (details supplied) in County Galway; and if he will make a statement on the matter. [35351/08]

Dermot Ahern (Louth, Fianna Fail)
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I refer the Deputy to the written reply to Question No. 814 of Wednesday, 24 September 2008. The person concerned applied for asylum on 8 July 2005. 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 18 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 making representations to the Minister setting out the reasons 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 the 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 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.