Bernard Durkan (Kildare North, Fine Gael)
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Question 321: To ask the Minister for Justice, Equality and Law Reform the position regarding an application for residency in the case of a person (details supplied) in County Limerick; and if he will make a statement on the matter. [13437/09]

Dermot Ahern (Louth, Fianna Fail)
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I refer the Deputy to my detailed Reply to his recent Parliamentary Question, No. 662 of Tuesday 27 January 2009, in this matter. The position in the State of the person concerned is as set out in that Reply.

Bernard Durkan (Kildare North, Fine Gael)
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Question 322: To ask the Minister for Justice, Equality and Law Reform the position regarding an application for residency in the case of a person (details supplied) in Dublin 22; and if he will make a statement on the matter. [13438/09]

Dermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum on 5 February 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 9 February 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 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 is passed to me for decision.

Bernard Durkan (Kildare North, Fine Gael)
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Question 323: To ask the Minister for Justice, Equality and Law Reform the position regarding an application for residency in the case of a person (details supplied) in County Louth; and if he will make a statement on the matter. [13439/09]

Dermot Ahern (Louth, Fianna Fail)
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I would refer the Deputy to his recent Parliamentary Question No. 312 of Tuesday 16 December 2008 and my detailed Reply to his recent Parliamentary Question, No. 928 of Wednesday, 24 September 2008, in this matter. The position in the State of the person concerned is as set out in that Reply.

Bernard Durkan (Kildare North, Fine Gael)
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Question 324: To ask the Minister for Justice, Equality and Law Reform the position regarding an application for residency in the case of a person (details supplied) in County Louth; and if he will make a statement on the matter. [13440/09]

Dermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum on 16 November 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. On 25 March 2005 the person concerned made an application for permission to remain in the State on the basis of his parentage of an Irish citizen child, born in the State before 1 January 2005, in accordance with the provisions of the IBC/05 Scheme. Following consideration of this application, a decision was made to refuse the application and this decision was conveyed in writing to the person concerned by letter dated 30 November 2005.

In accordance with Section 3 of the Immigration Act, 1999 (as amended), the person concerned was informed, by letter dated 13 January 2006, re-issued on 27 January 2006, 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 submitted on behalf of the person concerned at that time.

The person concerned made an EU Treaty Rights application which was received in my Department on 16 August 2008. This application was refused as the person concerned did not satisfy the relevant criteria. The person concerned was informed of this decision by letter dated 7 November 2008. The case file of the person concerned, including all representations submitted, now falls to 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 consideration has been completed, the file is passed to me for decision.

Bernard Durkan (Kildare North, Fine Gael)
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Question 325: To ask the Minister for Justice, Equality and Law Reform the procedures whereby a residency application can be made in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [13441/09]

Dermot Ahern (Louth, Fianna Fail)
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If an application for asylum has been made by the person concerned the Deputy will of course be aware that it is not the practice to comment on asylum applications that are pending. In the case of asylum applicants in respect of whom the Minister has, under Section 17(5) of the Refugee Act 1996, refused to give a determination of Refugee status, the provisions of Section 3 of the Immigration Act 1999 (as amended) apply. In this regard the applicant is advised, in writing, of the options available, which are to leave the State voluntarily, to consent to deportation, to apply for Subsidiary Protection in the State and/or to submit, within a period of 15 working days, written representations as to why they should be allowed to remain temporarily in the State.

Applications for leave to remain are considered in accordance with the provisions of 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 a final decision is made. Once such a decision has been made, this decision, and the consequences of the decision, are conveyed in writing to the applicant.

Bernard Durkan (Kildare North, Fine Gael)
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Question 326: To ask the Minister for Justice, Equality and Law Reform if a person (details supplied) in County Kildare can take up work and obtain residency; and if he will make a statement on the matter. [13442/09]

Dermot Ahern (Louth, Fianna Fail)
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I refer the Deputy to my reply to Parliamentary Question No 542 for answer on 24 March 2009. Further to that reply and following the person's refusal under the IBC/05 Scheme as stated therein, the person's case is being considered by the relevant officials. As the person concerned currently has no legal status in the State, he is not eligible to be employed. The person in question can expect to be contacted directly and informed of any decisions made regarding his status in the State shortly.

Bernard Durkan (Kildare North, Fine Gael)
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Question 327: To ask the Minister for Justice, Equality and Law Reform when an extended residency stamp four will be offered to a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [13443/09]

Dermot Ahern (Louth, Fianna Fail)
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I am informed that the person to whom the Deputy refers was granted permission to remain in the State in March 2002, under the arrangements then in place for the parents of Irish citizen children. I am informed that the permission granted to the person concerned is current until 6 April, 2009.

Bernard Durkan (Kildare North, Fine Gael)
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Question 328: To ask the Minister for Justice, Equality and Law Reform the position regarding an application for residency in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [13444/09]

Dermot Ahern (Louth, Fianna Fail)
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The person concerned arrived in the State on 14 July 2008 and applied for asylum on the following day. Her application was refused following consideration of her case by the Office of the Refugee Applications Commissioner, and, on appeal, by 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 24 November 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 i.e. why she should not be deported. She was also notified of her entitlement to apply for Subsidiary Protection pursuant to the European Communities (Eligibility for Protection) Regulations, 2006.

An application for Subsidiary Protection was made on behalf of the person concerned by her legal representative. Following consideration of this application, a decision was made to refuse the application. The person concerned and her legal representative were notified of this decision by letter dated 27 February 2009.

Her case was then examined 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. Consideration was given to all representations submitted on her behalf. On 5 March 2009, I signed a Deportation Order in respect of the person concerned. Notice of this Order was served by registered letter dated 13 March 2009 which obliges the person concerned to leave the State. To this end, the person concerned is required to present herself at the Offices of the Garda National Immigration Bureau (GNIB) 13-14 Burgh Quay, Dublin 2 on Tuesday 31 March 2009 in order to make arrangements for her removal from the State.

I am satisfied that the applications made by the person concerned for asylum, for Subsidiary Protection and for leave to remain temporarily in the State were fairly and comprehensively examined and, as such, the decision to deport the person concerned is justified. The effect of the Deportation Order is that the person concerned must leave the State and remain thereafter out of the State. The enforcement of the Deportation Order is an operational matter for the GNIB.