Bernard Durkan (Kildare North, Fine Gael)
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Question 680: To ask the Minister for Justice, Equality and Law Reform if further consideration will be given to an application for residency in the case of a person (details supplied) in County Monaghan; and if he will make a statement on the matter. [1617/09]

Dermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum on 12 September 2006. 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 14 February 2008, and by amended letter dated 4 April 2008, 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.

Regarding the matter of the accommodation of the person in question, the Reception and Integration Agency (RIA) is responsible for the accommodation of asylum seekers in accordance with the Government policy of direct provision and dispersal. The accommodation centre at St Patrick's, Monaghan is operated on contract for the RIA. The person referred to in the details supplied has been accommodated in accordance with Government policy. The RIA received a transfer request from this person on 9 September 2008 requesting a transfer to Dublin accommodation. The transfer request was refused at the time. The RIA will refer the request to an independent medical referee for review and a response will issue directly to this person in the coming weeks.