Bernard Durkan (Kildare North, Fine Gael)
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Question 155: To ask the Minister for Justice, Equality and Law Reform the position regarding residency in the case of a person (details supplied) in County Donegal; and if he will make a statement on the matter. [17333/09]

Dermot Ahern (Louth, Fianna Fail)
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I refer the Deputy to Parliamentary Question No. 132 of Thursday, 20 November 2008, and the written Reply to that Question.

The person concerned applied for asylum on 21 September 2006. 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 26 August 2008, 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 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 file is passed to me for decision.

Bernard Durkan (Kildare North, Fine Gael)
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Question 156: To ask the Minister for Justice, Equality and Law Reform the position regarding residency in the case of a person (details supplied) in County Monaghan; and if he will make a statement on the matter. [17334/09]

Dermot Ahern (Louth, Fianna Fail)
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The person concerned and her three children arrived in the State on 18 May 2007. The person concerned and two of her children made separate applications for asylum on 20 December 2007 while the third child was born in the State in 2002, during the course of his mother's previous stay in the State, and, as such, he is an Irish Citizen. The three asylum applications were refused following the individual consideration of their cases 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 persons concerned were informed, by separate letters dated 18 March 2009, that the Minister proposed to make Deportation Orders in respect of them. They were given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of Deportation Orders or of making representations to the Minister setting out the reasons why they should be allowed to remain temporarily in the State. In addition, they were notified of their 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 persons concerned submitted applications for Subsidiary Protection in the State in accordance with these Regulations and these applications are under consideration at present. When consideration of these applications has been completed, the persons concerned will be notified in writing of the outcomes.

In the event that the Subsidiary Protection applications are refused, the case files of the persons 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 these latter considerations have been completed, the case files of the persons concerned are passed to me for decision.