Bernard Durkan (Kildare North, Fine Gael)
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Question 166: To ask the Minister for Justice, Equality and Law Reform the current and expected residency status in respect of a person (details supplied) in Dublin 6; and if he will make a statement on the matter. [6913/09]

Dermot Ahern (Louth, Fianna Fail)
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I refer the Deputy to my Reply to his Parliamentary Question No. 67 of Thursday, 16 October 2008, in this matter.

The person concerned applied for asylum on 20 September 2006. Following investigation by the Office of the Refugee Applications Commissioner, it was established that the person concerned had previously made an asylum application in Germany and, as such, a determination was made, in accordance with the provisions of the Dublin II Regulations, that the person concerned should be transferred to Germany for the purposes of having his asylum application examined there. This determination was upheld following an appeal to the Refugee Appeals Tribunal. Consequently, a Transfer Order was signed in respect of the person concerned on 22 November 2006. This Order was subsequently served on the person concerned, by letter dated 23 November 2006, which placed a legal obligation on him to present himself at the Offices of the Garda National Immigration Bureau (GNIB), on Wednesday 29 November 2006, to make arrangements for his formal transfer to Germany. The person concerned failed to present on this occasion and was therefore classified as having evaded his transfer. The person concerned became illegally resident in this State at that time.

The person concerned continued to evade his transfer with the consequence that the Transfer Order ultimately expired leaving Ireland responsible for processing the asylum application of the person concerned. At this point the case of the person concerned was referred back to the Office of the Refugee Applications Commissioner for the purposes of having his asylum claims investigated. Subsequently, the Office of the Refugee Applications Commissioner made a recommendation that the person concerned be refused a declaration of refugee status. This recommendation was, on appeal, upheld by the Refugee Appeal Tribunal.

In accordance with Section 3 of the Immigration Act, 1999 (as amended), the person concerned was informed, by letter dated 26 September 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 be passed to me for decision.

Bernard Durkan (Kildare North, Fine Gael)
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Question 167: To ask the Minister for Justice, Equality and Law Reform the degree to which assistance might be given in respect of a person (details supplied) in County Waterford; and if he will make a statement on the matter. [6914/09]

Dermot Ahern (Louth, Fianna Fail)
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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 person referred to in the details supplied made an application for asylum on 30 March 2007 along with her son and is currently a resident at Atlantic House accommodation centre, Tramore, County Waterford. They have been accommodated there since 16 April 2007.

The mother requested a transfer to self-catering accommodation on the basis of health issues by way of correspondence dated 25 February 2008. This request was considered and refused. Following further representations, including a Dáil Question of 18 December 2008 from the Deputy, the transfer request documentation was referred to a medical referee for review. A response issued from the medical referee to the RIA dated 27 January 2009 to the effect that sufficient grounds to support a change of accommodation were not provided. The request was again refused.

In respect of the sharing of accommodation, this arises as a specific choice of mother and son in this instance. Alternative arrangements within the direct provision accommodation system had been offered previously but were refused by both parties. The offer of separate accommodation for both parties within the direct provision portfolio still stands.

Bernard Durkan (Kildare North, Fine Gael)
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Question 168: To ask the Minister for Justice, Equality and Law Reform the current and expected position in regard to residency and accommodation requirements in respect of a person (details supplied) in County Waterford; and if he will make a statement on the matter. [6915/09]

Dermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum on 22 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 11 March 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 will be passed to me for decision.

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 person referred to in the details supplied is currently residing in private accommodation and is not availing of direct provision accommodation. If he wishes to avail of such accommodation, he should write to the RIA at P.O. Box 11487, Dublin 2 and his request will be given due consideration.