Bernard Durkan (Kildare North, Fine Gael)
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Question 172: To ask the Minister for Justice, Equality and Law Reform when stamp four will be updated in respect of a person (details supplied) in County Kildare who requires same for employment and education; and if he will make a statement on the matter. [10704/09]

Dermot Ahern (Louth, Fianna Fail)
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The position in relation to the status of the person to whom the Deputy refers was set out in my reply to Parliamentary Question No 148 of 5 February 2009. This reply also advised the person concerned to write to my Department at: Dependants Unit, INIS, P.O. Box 10003, Dublin 2.

Further details regarding the person's status in the State were given in my reply to Parliamentary Question No. 363 of 10 February 2009 in which the person in question was advised, once again, to write to my Department regarding his changed circumstances.

I am informed that correspondence in this regard has not yet been received in my Department, and, therefore, the overall position remains as that stated in my previous replies.

Bernard Durkan (Kildare North, Fine Gael)
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Question 173: To ask the Minister for Justice, Equality and Law Reform the position in regard to residency in respect of persons (details supplied) in Dublin 22. [10705/09]

Dermot Ahern (Louth, Fianna Fail)
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The first named person concerned applied for asylum on 26 January 2004. 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 first named person concerned was informed, by letter dated 14 January 2009, 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 first named 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 first named 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 first named 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 is passed to me for decision.

The second named person concerned applied for asylum on 19 October 2006. Her 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 second named person concerned was informed, by letter dated 4 December 2008, that the Minister proposed to make a Deportation Order in respect of her. She 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 she 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 second named 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 second named 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 second named 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 second named person concerned is passed to me for decision.