Bernard Durkan (Kildare North, Fine Gael)
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Question 96: To ask the Minister for Justice, Equality and Law Reform the current or expected residency status in the case of persons (details supplied) in County Meath; and if he will make a statement on the matter. [44575/08]

Dermot Ahern (Louth, Fianna Fail)
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The person concerned, accompanied by her infant son, applied for asylum on 16 May 2005. Her application was refused following consideration of her 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 4 August 2006, 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.

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 97: To ask the Minister for Justice, Equality and Law Reform the residency status in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [44576/08]

Dermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum on 12 October 2005. Her application was refused following consideration of her 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 5 July 2006, 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.

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 98: To ask the Minister for Justice, Equality and Law Reform the residency status in the case of a person (details supplied) in Dublin 8. [44577/08]

Dermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum on 24 November 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 9 June 2006, 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 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 99: 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. [44578/08]

Dermot Ahern (Louth, Fianna Fail)
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The person concerned arrived in the State on 2 December 2005 and claimed asylum. Her daughter was born in the State on 22 January 2006 and thereafter included with her mother's asylum application as a dependant. Their application was refused following consideration of their case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal.

The persons concerned were informed by letter dated 19 October 2007 that the Minister proposed to make Deportation Orders in respect of them and afforded them three options in accordance with Section 3(3)(b)(ii) of the Immigration Act, 1999 (as amended) namely to leave the State voluntarily, to consent to the making of Deportation Orders or to submit, within 15 working days, written representations to the Minister setting out the reasons why they should be allowed to remain temporarily in the State i.e. why they should not be deported. In addition, i.e. since 10 October 2006, a person who is refused refugee status and who has been served with a notice of intention to deport is afforded a fourth option, viz. to apply for Subsidiary Protection pursuant to the European Communities (Eligibility for Protection) Regulations, 2006 — Statutory Instrument No. 518 of 2006.

On 9 January 2008, a valid application for Subsidiary Protection in respect of the person concerned was received in my Department. On 13 March 2008 confirmation was sought as to whether it was intended to include her daughter in her application for Subsidiary Protection. Confirmation to this effect was received from her legal representatives by letter dated 26 March 2008. Following consideration of the information submitted, it was found that the person concerned and her daughter were not eligible for Subsidiary Protection under the Regulations. She was informed of this decision by letter dated 8 April 2008.

Subsequently this family's case was examined 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. Consideration was given to all representations submitted on their behalf for permission to remain temporarily in the State. On 30 October 2008 I refused temporary leave to remain in the State and instead signed Deportation Orders in respect of the person concerned and her daughter. A notice of these Orders dated 6 November 2008 was served by registered post requiring the person concerned and her daughter to present themselves to the Garda National Immigration Bureau (GNIB), on Thursday 27 November, 2008, in order to make travel arrangements for their removal from the State. They presented as required and were given a further presentation date. They are due to present again on Thursday 4 December 2008. The effect of the Deportation Orders is that the person concerned and her daughter must leave the State and remain thereafter out of the State.

I am satisfied that the applications made on behalf of the person concerned and her daughter for asylum, temporary leave to remain in the State and for Subsidiary Protection, together with all refoulement issues, were fairly and comprehensively examined and, as such, the decision to deport them is justified. The enforcement of the Deportation Orders is an operational matter for the GNIB.

Bernard Durkan (Kildare North, Fine Gael)
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Question 100: 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 Louth. [44579/08]

Dermot Ahern (Louth, Fianna Fail)
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I refer the Deputy to my detailed Reply to his recent Parliamentary Question, No. 928 of Wednesday 24 September 2008, in this matter. The position in the State of the person concerned is as set out in that Reply.

Bernard Durkan (Kildare North, Fine Gael)
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Question 101: To ask the Minister for Justice, Equality and Law Reform the residency status in the case of a person (details supplied) in County Louth. [44580/08]

Dermot Ahern (Louth, Fianna Fail)
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The person referred to by the Deputy applied for Asylum on 27 February 2006. The claim was assessed by the Refugee Applications Commissioner who concluded that the person concerned did not meet the criteria for recognition as a refugee. The Commissioner's recommendation was communicated to him by letter dated 03 May 2006. This communication advised the person of his entitlement to appeal the Commissioner's recommendation to the Refugee Appeals Tribunal, which he duly did.

The Refugee Appeals Tribunal considered the person's appeal, following which the Tribunal affirmed the Commissioner's earlier recommendation to reject his claim. The outcome of the appeal was made known to the applicant by letter dated 19 November 2008.

In accordance with normal procedures, the applicant's file has been forwarded to my Department's Ministerial Decisions Unit for final processing of the Asylum claim. A letter will issue to him from my Department advising him formally that his asylum claim had been rejected and affording him three options as follows:

1. Return home voluntarily;

2. Consent to the making of a deportation order, or

3. Make written representations to me within 15 working days for temporary leave to remain in the State and/or make an application for subsidiary protection under the European Communities (Eligibility for Protection) Regulations 2006 (SI No. 518 of 2006).