Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Question 275: To ask the Minister for Justice, Equality and Law Reform the status of an appeal by a person (details supplied) in County Limerick against the suspension of their basic allowance of €19.10 since June 2008; and the status of their refugee application. [3176/09]

Dermot Ahern (Louth, Fianna Fail)
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The immigration status of the person concerned is as follows.

The person concerned applied for asylum on 2 September 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 31 May 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.

In relation to the suspension of the weekly Direct Provision payment to the person concerned, I have been advised by my officials that this arose after the person concerned was found to be engaged in paid employment, using a false identity, while claiming the Direct Provision payment. As such payments are administered by the Department of Social and Family Affairs, the Deputy may wish to raise the matter directly with that Department.