Bernard Durkan (Kildare North, Fine Gael)
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Question 95: To ask the Minister for Justice, Equality and Law Reform the position in regard to residency and family reunification in the case of a person (details supplied) in County Louth; and if he will make a statement on the matter. [19521/09]

Dermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum on 15 January 2004. Her application was refused following consideration of her 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 30 September 2005, 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. Representations were submitted on behalf of the person concerned at that time.

The person concerned was subsequently 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 person concerned has 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 case file of the person concerned is passed to me for decision.

I am advised that the application for family reunification which related to the person concerned has been withdrawn.

Bernard Durkan (Kildare North, Fine Gael)
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Question 96: To ask the Minister for Justice, Equality and Law Reform if a review can or will be undertaken in the case of an application for residency in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [19522/09]

Dermot Ahern (Louth, Fianna Fail)
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I refer the Deputy to Parliamentary Questions Nos. 179 of Thursday 11 December 2008 and 836 of Tuesday 8 July 2008 and the written Replies to those Questions.

The person concerned applied for asylum on 1 April 2006. Following investigation by the Office of the Refugee Applications Commissioner, it was established that the person concerned had previously made an asylum application in France and, as such, in accordance with the provisions of the Dublin II Regulations, it was determined that his asylum claim should be examined by the French authorities. This determination was upheld following an appeal to the Refugee Appeals Tribunal.

Consequently, a Transfer Order was signed in respect of the person concerned, on 1 August 2006, obliging him to present himself at the Offices of the Garda National Immigration Bureau (GNIB), on 22 August 2006, to make arrangements for his transfer to France. The person concerned 'presented' as requested on this occasion and a flight was arranged for his formal transfer on 30 August 2006. However the person concerned 'evaded' his transfer and thus became illegally present in this State. The person concerned continued to evade his transfer to France with the consequence that the Transfer Order expired and Ireland became responsible for processing his asylum application.

At this point, in early 2008, the person concerned was admitted into the asylum process in this State. The person concerned was invited to attend for interview at the Offices of the Refugee Applications Commissioner on 21 January 2008 but failed to attend as required. Therefore, in accordance with the provisions of Section 13 (2) of the Refugee Act, 1996 (as amended), the Refugee Applications Commissioner refused him a declaration of refugee status.

Based on the recommendation of the Refugee Applications Commissioner, and in accordance with the provisions of Section 3 of the Immigration Act, 1999 (as amended), the person concerned was informed, by letter dated 11 June 2008, a copy of which was sent to his legal representative, 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, through his legal representative, 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 case file is passed to me for decision.

In relation to the Deputy's contention that the person concerned did not receive the letter issued to him on 11 June 2008, it should be noted that, in accordance with Section 9(4A)(a) of the Refugee Act, 1996 (as amended), an applicant for asylum in the State has a duty to inform the Refugee Applications Commissioner of his or her address and of any change of address within five working days. I am advised that the letter referred to by the Deputy was issued to the last known address of the person concerned. Furthermore a copy of this letter was issued to his legal representative at the same time. Consequently, I am satisfied that the notification of 11 June 2008 was duly served in accordance with the relevant statutory provisions.

Bernard Durkan (Kildare North, Fine Gael)
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Question 97: 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 Dublin; and if he will make a statement on the matter. [19523/09]

Dermot Ahern (Louth, Fianna Fail)
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I refer the Deputy to the Reply given to his Parliamentary Question No. 831 on Wednesday 24 September 2008. The status of the person concerned remains as set out in that Reply. The person concerned has continued to meet his presentation requirements with the Garda National Immigration Bureau (GNIB). He is due to present again today Thursday 14 May 2009. The enforcement of the Deportation Order is an operational matter for the GNIB.

Bernard Durkan (Kildare North, Fine Gael)
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Question 98: 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. [19524/09]

Dermot Ahern (Louth, Fianna Fail)
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I refer the Deputy to the Reply given to his Parliamentary Question No. 526 on Thursday 17 April 2008. The status of the person concerned remains as set out in that Reply. The person concerned has continued to meet his presentation requirements with the Garda National Immigration Bureau (GNIB). He is due to present again on Thursday 21 May 2009. The enforcement of the Deportation Order is an operational matter for the GNIB.