Bernard Durkan (Kildare North, Fine Gael)
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Question 135: To ask the Minister for Justice, Equality and Law Reform the position regarding the application for residency in the case of a person (details supplied) in County Cork; and if he will make a statement on the matter. [17313/09]

Dermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum on 20 May 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 28 February 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.

By letter dated 6 February 2008, the person concerned was notified of his entitlement to submit an application for Subsidiary Protection in the State. He was also invited to update his earlier representations to the Minister. He was advised to respond within 15 working days. Updated representations were submitted on behalf of the person concerned as was an application for Subsidiary Protection in the State.

The application for Subsidiary Protection is under consideration at present. When this consideration has been completed, the person concerned will be notified in writing of the outcome.

In the event that the application for Subsidiary Protection 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 file is passed to me for decision.