Bernard Durkan (Kildare North, Fine Gael)
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Question 148: To ask the Minister for Justice, Equality and Law Reform the current or expected position in regard to residency in respect of a person (details supplied) in Dublin 1; and if he will make a statement on the matter. [10680/09]

Dermot Ahern (Louth, Fianna Fail)
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I refer the Deputy to Parliamentary Questions Nos. 297 of Wednesday 29 October 2008 and 817 of Wednesday 24 September 2008 and the written Replies to those Questions.

The person concerned applied for asylum on 27 November 2002. 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 20 September 2004, 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 and these representations will be fully 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.

Bernard Durkan (Kildare North, Fine Gael)
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Question 149: To ask the Minister for Justice, Equality and Law Reform the current or expected position in regard to residency in respect of a person (details supplied) in County Meath; and if he will make a statement on the matter. [10681/09]

Dermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum on 2 December 2005. She subsequently gave birth to a child in the State and this child was included in her asylum application. Her asylum application was refused following consideration of her 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 10 March 2008, that the Minister proposed to make Deportation Orders in respect of her and her son. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of Deportation Orders or of making representations to the Minister setting out the reasons why she and her son should be allowed to remain temporarily in the State. In addition, she was notified of her 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 respect of herself and her son 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.

Bernard Durkan (Kildare North, Fine Gael)
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Question 150: To ask the Minister for Justice, Equality and Law Reform the current or expected position in regard to long term residency and citizenship in respect of persons (details supplied) in County Meath; and if he will make a statement on the matter. [10682/09]

Dermot Ahern (Louth, Fianna Fail)
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The first named person concerned applied for asylum on 25 August 2004. The second named person concerned applied for asylum on 6 July 2004. Both asylum applications were refused following the individual consideration of their separate cases by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.

Both persons concerned have initiated Judicial Review proceedings, challenging the decisions of the Refugee Appeals Tribunal in their individual cases. As these proceedings are ongoing, it would not be appropriate for me to comment further at this time.

Bernard Durkan (Kildare North, Fine Gael)
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Question 151: To ask the Minister for Justice, Equality and Law Reform if an extension of residency will be granted in respect of a person (details supplied) in County Kildare who arrived here on a student visa in 2006; if such authorisation entitles them to part time; and if he will make a statement on the matter. [10683/09]

Dermot Ahern (Louth, Fianna Fail)
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I have been informed by the General Immigration Division of my Department that there is currently no application pending for residency in the case of the person referred to by the Deputy.

The person concerned should be advised to write to the General Immigration Division of my Department, which is located at 13-14 Burgh Quay, Dublin 2, providing full details and documentation of his plans to stay in Ireland following which a decision will be made on his application.