Bernard Durkan (Kildare North, Fine Gael)
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Question 179: To ask the Minister for Justice, Equality and Law Reform the status of the residency application in respect of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [10711/09]

Dermot Ahern (Louth, Fianna Fail)
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I refer the Deputy to Parliamentary Question No. 884 of Wednesday, 2 April 2008, and the written Reply to that Question.

The person concerned applied for asylum on 1 March 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 person concerned was informed, by letter dated 13 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 were received on behalf of the person concerned at that time.

On 10 October 2006, Regulations known as the European Communities (Eligibility for Protection) Regulations, 2006 (S.I. No. 518 of 2006) came into force. The person concerned was notified, by letter dated 22 January 2008, that he could, if he so wished, submit an application for Subsidiary Protection in the State. He was also invited to update his earlier representations to the Minister. He was requested to respond within 15 working days. Updated representations were received on behalf of the person concerned as was an application for Subsidiary Protection in the State. This application is currently under consideration in my Department. When this consideration has been completed, the person concerned will be notified in writing of the outcome.

In the event that the application for Subsidiary Protection 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 file is passed to me for decision.

Bernard Durkan (Kildare North, Fine Gael)
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Question 180: To ask the Minister for Justice, Equality and Law Reform the progress in determining the residency status in respect of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [10712/09]

Dermot Ahern (Louth, Fianna Fail)
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I refer the Deputy to my detailed Reply to his recent Parliamentary Question, No. 320 of Tuesday, 16 December, 2008, in this matter. The position in the State of the person concerned is as set out in that Reply.