Bernard Durkan (Kildare North, Fine Gael)
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Question 124: To ask the Minister for Justice, Equality and Law Reform the current or expected status in the case of a person (details supplied) in County Mayo; and if he will make a statement on the matter. [36703/08]

Dermot Ahern (Louth, Fianna Fail)
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The person concerned arrived in the State on 15 April 2005 and applied for asylum. The second reference number refers to the child of the person concerned who was born in the State later that year and who is included as a child dependant on her mother's asylum claim. The asylum application of the person concerned was refused following consideration of the 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 20 April 2007, that the Minister proposed to make Deportation Orders in respect of her and her child. 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 she and her child 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 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.

The person concerned also claimed asylum in the United Kingdom on 9 May 2007. In accordance with the provisions of the Dublin II Regulations, the United Kingdom requested that Ireland agree to the return of the person concerned to this State as the person concerned was in the UK without permission and having regard for the fact that Ireland was the Dublin II Regulation State responsible for examining the asylum application of the person concerned. The person concerned, accompanied by the dependant child referred to, was returned to this State.

The application for Subsidiary Protection in the State submitted by the person concerned will now be examined. In the event that the Subsidiary Protection application is refused, the case file of the 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 person concerned is passed to me for decision.

The Deputy might wish to note that any decision made in relation to the person concerned will apply equally to the dependant child referred to in the Deputy's Question.

Bernard Durkan (Kildare North, Fine Gael)
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Question 125: To ask the Minister for Justice, Equality and Law Reform the current or expected status in the case of a person (details supplied) in County Mayo; and if he will make a statement on the matter. [36704/08]

Dermot Ahern (Louth, Fianna Fail)
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An asylum application was submitted on behalf of the person concerned, an infant born in mid-2007, on 20 November 2007. This asylum application was refused following consideration of the 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 May 2008, that the Minister proposed to make a Deportation Order in respect of her. She 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 she 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). An application for Subsidiary Protection in the State has been submitted on behalf of the person concerned 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, 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 is passed to me for decision.

Bernard Durkan (Kildare North, Fine Gael)
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Question 126: 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. [36705/08]

Dermot Ahern (Louth, Fianna Fail)
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I refer the Deputy to the Reply I gave to his Parliamentary Question No. 64 of Thursday 16 October 2008. The status of the person concerned remains as set out in that Reply.