Bernard Durkan (Kildare North, Fine Gael)
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Question 283: To ask the Minister for Justice, Equality and Law Reform the position in relation to a residency application in the case of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [16310/09]

Dermot Ahern (Louth, Fianna Fail)
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I refer the Deputy to Parliamentary Question No. 1004 of Wednesday, 24 September 2008 and the written Reply to that Question.

The person concerned applied for asylum on 22 December 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 21 March 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 and these representations 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.

Bernard Durkan (Kildare North, Fine Gael)
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Question 284: To ask the Minister for Justice, Equality and Law Reform the position in relation to an application for leave to remain here in the case of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [16311/09]

Dermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum on 29 September 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 13 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 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.

My Department has no record of an application for Subsidiary Protection having been submitted by or on behalf of the person concerned. Equally, my Department has no record of written representations in support of an application for Leave to Remain temporarily in the State having been submitted by or on behalf of the person concerned.

The case file of the person concerned now falls to be 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. When this consideration has been completed, the file is passed to me for decision.