Bernard Durkan (Kildare North, Fine Gael)
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Question 134: 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. [42077/08]

Dermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum on 8 May 2003. Her application was refused following consideration of her case by the Office of the Refugee Applications Commissioner. The person concerned appealed this determination to the Refugee Appeals Tribunal.

Judicial Review Proceedings were instituted by the person concerned challenging the determination of the Office of the Refugee Applications Commissioner. When the Judicial Review Proceedings were finalised, the asylum application of the person concerned was remitted for further consideration by the Office of the Refugee Applications Commissioner. Following this further consideration of her case, her application for a declaration of refugee status was refused. The person concerned lodged a new appeal with the Refugee Appeals Tribunal. The Refugee Appeals Tribunal affirmed the Commissioner's determination.

The Deputy should note that the person concerned gave birth to a child in the State in early 2007 and this child was included on her asylum application.

Based on the recommendation of the Refugee Appeals Tribunal, and in accordance with Section 3 of the Immigration Act, 1999 (as amended), the person concerned was informed, by letter dated 18 June 2008, 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). To date no application for subsidiary protection has been received.

Representations have been submitted on behalf of the person concerned and these representations will be fully 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, before the file is passed to me for decision.

Bernard Durkan (Kildare North, Fine Gael)
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Question 135: To ask the Minister for Justice, Equality and Law Reform the position in respect of a residency application in the name of a person (details supplied) in County Meath; and if he will make a statement on the matter. [42078/08]

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.