Ciarán Lynch (Cork South Central, Labour)
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Question 278: To ask the Minister for Justice, Equality and Law Reform the status of the application for refugee status of persons (details supplied); and if he will make a statement on the matter. [16219/09]

Dermot Ahern (Louth, Fianna Fail)
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If an application for asylum has been made by the persons concerned, the Deputy should note that it is not the practice to comment in detail on individual asylum applications.

Bernard Allen (Cork North Central, Fine Gael)
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Question 279: To ask the Minister for Justice, Equality and Law Reform the status of the application by a person (details supplied) in County Cork. [16303/09]

Dermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum on 29 June 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.

Subsequently, in accordance with Section 3 of the Immigration Act, 1999 (as amended), the person concerned was informed, by letter dated 10 November 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. 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, following consideration of this application, it was determined that the person concerned was not eligible for Subsidiary Protection in the State. The person concerned was notified of this decision by letter dated 12 May 2008.

The case file of the person concerned now falls to be considered in accordance with the provisions of Section 3 of the Immigration Act, 1999 (as amended). All representations submitted, by and on behalf of the person concerned, will 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 overall consideration has been completed, the case file of the person concerned is passed to me for decision.

Bernard Allen (Cork North Central, Fine Gael)
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Question 280: To ask the Minister for Justice, Equality and Law Reform when a decision will be made on the application for residency on humanitarian grounds by a person (details supplied) in County Cork. [16304/09]

Dermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum on 25 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.

Subsequently, in accordance with Section 3 of the Immigration Act, 1999 (as amended), the person concerned was informed, by letter dated 4 August 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 have been submitted on behalf of the person concerned.

The person concerned initiated Judicial Proceedings in the High Court challenging the decision of the Refugee Appeals Tribunal in his case. The High Court refused the Judicial Review Leave Application with the consequence that the earlier decisions of the Refugee Appeals Tribunal and the Minister stood.

The case file of the person concerned now falls to be dealt with in accordance with the provisions of Section 3 of the Immigration Act, 1999 (as amended). All representations submitted by and on behalf of the person concerned will be fully 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, before the file is passed to me for decision.