Bernard Durkan (Kildare North, Fine Gael)
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Question 328: To ask the Minister for Justice, Equality and Law Reform the current or expected position relating to an application for residency in the case of a person (details supplied) in County Cork; and if he will make a statement on the matter. [42261/08]

Dermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum on 20 January 2004. As part of the process of having his asylum claims investigated, the person concerned was invited to attend for interview at the Office of the Refugee Applications Commissioner on 15 September 2004. The person concerned did not attend for interview on this date, nor did he furnish an explanation for his failure to attend. Consequently, he was informed, by letter dated 21 September 2004, that the Refugee Applications Commissioner had recommended to the Minister for Justice, Equality and Law Reform that he should not be declared to be a refugee, in accordance with the provisions of Section 13 (2) of the Refugee Act, 1996 (as amended). The person concerned was also informed that there was no appeal against such a recommendation.

Subsequently, in accordance with Section 3 of the Immigration Act, 1999 (as amended), the person concerned was informed, by letter dated 7 October 2004, sent by registered post to his last known address, 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. This letter was returned to my Department marked 'gone away'.

The case of the person concerned now falls to be dealt with in accordance with the provisions of 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 case file of the person concerned is passed to me for decision.

Bernard Durkan (Kildare North, Fine Gael)
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Question 329: To ask the Minister for Justice, Equality and Law Reform the reason a person (details supplied) in Dublin 22 must renew his GNIB card every month; if this matter will be reviewed; and if he will make a statement on the matter. [42262/08]

Dermot Ahern (Louth, Fianna Fail)
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The Deputy is aware from PQ No. 160 of 25 September 2008 and my subsequent letter dated 29/9/08 that the person concerned is the subject of an investigation into immigration issues. Accordingly, he is required to renew his GNIB Card on a monthly basis for operational reasons. It is not intended to review this arrangement until the GNIB enquiries are completed and considered. However, if this arrangement is causing difficulties, the person concerned should write to the Ministerial Decisions Unit of my Department at 13/14, Burgh Quay, Dublin 2 giving details of the difficulties encountered which will be given every consideration.

Bernard Durkan (Kildare North, Fine Gael)
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Question 330: To ask the Minister for Justice, Equality and Law Reform if he will use his discretion to offer an extension of residency in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [42263/08]

Dermot Ahern (Louth, Fianna Fail)
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I refer the Deputy to the Reply given to his Parliamentary Question No. 240 on Thursday 24 April 2008. The status of the person concerned remains as set out in that Reply. The person concerned has continued to meet her presentation requirements with the Garda National Immigration Bureau (GNIB). She is due to present again on Thursday 27 November 2008. The enforcement of the Deportation Order is an operational matter for the GNIB.

Bernard Durkan (Kildare North, Fine Gael)
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Question 331: 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 Clare; and if he will make a statement on the matter. [42264/08]

Dermot Ahern (Louth, Fianna Fail)
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I refer the Deputy to the Replies given to his previous Parliamentary Questions No. 536 of Wednesday 31 October 2007 and No. 126 on Thursday 20 November 2008. Since those dates correspondence from the person concerned requesting the exercise of my discretion to grant leave to remain in the State has been considered. In view of the existing Deportation Order in respect of the person concerned, this correspondence could only be considered as a revocation request under Section 3 (11) of the Immigration Act, 1999, as amended. Following consideration of the information submitted, the Deportation Order was affirmed and the person concerned was notified of this decision. He was also advised to continue to comply with his presentation requirements at the Garda National Immigration Bureau (GNIB). The enforcement of the Deportation Order is, and remains, an operational matter for the GNIB.

Bernard Durkan (Kildare North, Fine Gael)
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Question 332: To ask the Minister for Justice, Equality and Law Reform the current or expected position relating to an application for residency in the case of a person (details supplied) in Dublin 24; and if he will make a statement on the matter. [42265/08]

Dermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum on 15 July 2003. 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 2005, 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. Representations were submitted on behalf of the person concerned at that time.

The person concerned subsequently submitted an application for Subsidiary Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations, 2006 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 file is passed to me for decision.

Bernard Durkan (Kildare North, Fine Gael)
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Question 333: To ask the Minister for Justice, Equality and Law Reform the current or expected position in relation to an application for residency in the case of a person (details supplied) in County Roscommon; and if he will make a statement on the matter. [42266/08]

Dermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum on 4 July 2003. 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 16 November 2007, 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).

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. 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.

Bernard Durkan (Kildare North, Fine Gael)
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Question 334: To ask the Minister for Justice, Equality and Law Reform the current or expected position in relation to an application for residency in the case of a person (details suppled) in Dublin 6; and if he will make a statement on the matter. [42267/08]

Dermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum on 31 December, 2004, this application was refused by the Office of the Refugee Applications Commissioner, and that decision was affirmed by the Refugee Appeals Tribunal. The person in question subsequently applied for permission to remain in the State under the revised arrangements for non-EEA parents of children born in Ireland prior to 1 January, 2005, known as the IBC/05 Scheme. This application was refused as the person did not meet the criteria of the scheme, and was informed of this decision by letter, dated 29 July, 2005.

While a deportation order was made in respect of the person concerned on 15 September, 2005, and remains in force, the person's case will be reviewed in light of the Supreme Court judgment on matters related to the IBC/05 Scheme, and the person concerned will be contacted directly and informed of any further decisions, in due course.