Bernard Durkan (Kildare North, Fine Gael)
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Question 345: To ask the Minister for Justice, Equality and Law Reform the position in the matter of residency in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [17510/09]

Dermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum on 3 July 2008. 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 16 April 2009, 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).

To date, no response has been received in my Department to this letter. The 15 working day period referred to in my Department's letter of 16 April 2009 expires on 11 May 2009. It is open to the person to make representations and/or apply for Subsidiary Protection within that period. In any event, the Deputy may be assured that a final decision on this case will not be made prior to the expiry of the 15 working day period referred to above.