Jimmy Deenihan (Kerry North, Fine Gael)
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Question 153: To ask the Minister for Justice, Equality and Law Reform when a decision will be made on the application by a person (details supplied) for subsidiary protection; and if he will make a statement on the matter. [45783/08]

Dermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum on 3 December 2004. 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 30 March 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 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. 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 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.