Bernard Allen (Cork North Central, Fine Gael)
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Question 132: To ask the Minister for Justice, Equality and Law Reform when a decision will be made on the application for humanitarian leave by a person (details supplied) in County Cork. [15991/09]

Dermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum on 9 February 2005. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.

In accordance with the provisions of Section 3 of the Immigration Act, 1999 (as amended), the person concerned was informed, by letter dated 8 June 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 received from the person concerned.

The person concerned was subsequently 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 has 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 of the person concerned is passed to me for decision.

Due to the high volumes of cases being processed it is not possible to say when the outstanding applications of the person concerned will be finalised.