Bernard Durkan (Kildare North, Fine Gael)
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Question 125: To ask the Minister for Justice, Equality and Law Reform the position in relation to an application for residency and citizenship in respect of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [5503/09]

Dermot Ahern (Louth, Fianna Fail)
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I refer the Deputy to Parliamentary Question No. 186 of Thursday, 1 May 2008, and No. 216 of Thursday, 6 March 2008 and the written Replies to those Questions.

The person concerned applied for asylum on 16 April 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 30 September 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 have been submitted on behalf of the person concerned.

On 28 April 2008, the legal representative of the person concerned was advised of his client's 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). To date no such application has been submitted by, or on behalf of, the person concerned although the legal representative of the person concerned has reserved the right to do so in the event that the representations for temporary Leave to Remain in the State are unsuccessful.

The case file of the person concerned, including all representations submitted, will now 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, before the file is passed to me for decision.