Mary O'Rourke (Longford-Westmeath, Fianna Fail)
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Question 279: To ask the Minister for Justice, Equality and Law Reform if he will review the case of persons (details supplied) in County Westmeath, one who seeks stamp four and the other who seeks leave to remain here. [18813/09]

Dermot Ahern (Louth, Fianna Fail)
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I have been informed by the Irish Naturalisation and Immigration Service that they received an application from the person referred to by the Deputy on 19th March, 2009 and that they will be in touch with that person shortly.

Bernard Durkan (Kildare North, Fine Gael)
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Question 280: To ask the Minister for Justice, Equality and Law Reform the position in relation to an application for residency in the case of a person (details supplied) in County Louth; and if he will make a statement on the matter. [18815/09]

Dermot Ahern (Louth, Fianna Fail)
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I refer the Deputy to Parliamentary Question No. 304 of Wednesday, 29 October 2008, and the written Reply to that Question.

The first named person concerned applied for asylum in the State on 29 July 2005. Her application was refused following consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.

The first named person concerned initiated Judicial Review Proceedings in the High Court, challenging the decision of the Refugee Appeals Tribunal in her case. The High Court refused the Judicial Review Leave Application.

Subsequently, in accordance with Section 3 of the Immigration Act, 1999 (as amended), the first named person concerned was informed, by letter dated 22 August 2008, that the Minister proposed to make a Deportation Order in respect of her. She 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 she should be allowed to remain temporarily in the State. In addition, she was notified of her 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 first named 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 first named 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 first named 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 case file of the first named person concerned is passed to me for decision.

The second named person concerned is the infant son of the first named person concerned. An application for asylum was submitted on behalf of the second named person concerned on 6 March 2008. His asylum application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal.

Subsequently, in accordance with Section 3 of the Immigration Act, 1999 (as amended), the second named person concerned was informed, by letter dated 29 January 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).

The second named 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 second named 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 second named 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 case file of the second named person concerned is passed to me for decision.