Catherine Byrne (Dublin South Central, Fine Gael)
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Question 37: To ask the Minister for Justice, Equality and Law Reform the status of an application for subsidiary protection by a person (details supplied) in Dublin 8; the length of time this person is entitled to remain in the State; and if he will make a statement on the matter. [14866/09]

Dermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum on 24 April 2001. 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 22 May 2003, 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 his behalf. Following consideration of his case, 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, a Deportation Order was signed in respect of the person concerned on 12 March 2004. Notice of this Order was served by registered letter dated 20 April 2004 requiring the person concerned to present himself to the Garda National Immigration Bureau (GNIB) on a specified date in order to make travel arrangements for his deportation from the State. The person concerned failed to 'present' as required and was therefore classified as a person who was evading his deportation. This position continued to obtain for more than three years.

The person concerned, through his legal representative, subsequently lodged a request under Regulation 4 (2) of the European Communities (Eligibility for Protection) Regulations 2006 (S.I. No. 518 of 2006) seeking the permission of the Minister to make an application for Subsidiary Protection in the State in accordance with those Regulations which came into force on 10 October 2006. This request was approved following which the person concerned formally applied for Subsidiary Protection in the State. 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.

The person concerned remains the subject of a valid Deportation Order. However, the Deputy may be assured that this Order will not be enforced pending the determination of the Subsidiary Protection application.