Bernard Durkan (Kildare North, Fine Gael)
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Question 351: To ask the Minister for Justice, Equality and Law Reform when an application for subsidiary protection will be forwarded to a person (detail supplied) in County Cork; and if he will make a statement on the matter. [41649/08]

Dermot Ahern (Louth, Fianna Fail)
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I refer the Deputy to my detailed Reply to his recent Parliamentary Question, No. 197 of Tuesday, 14 October 2008, in this matter.

As stated in that Reply, the person concerned was notified, by letter dated 7 February 2008, of his entitlement to apply, within a prescribed time period, 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 did not submit an application for Subsidiary Protection in the State within the prescribed time period.

As stated in my earlier Reply, the case file of the person concerned, including all representations submitted, now falls to 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 consideration has been completed, the file is passed to me for decision.