Bernard Allen (Cork North Central, Fine Gael)
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Question 267: To ask the Minister for Justice, Equality and Law Reform when a decision will be made on the application for residency by a person (details supplied) in County Cork. [19785/09]

Dermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum on 23 February 2005. The Office of the Refugee Applications Commissioner made a determination that the asylum application of the person concerned be 'deemed to be withdrawn' as she did not attend at that Office within five working days of her arrival in the State nor did she notify that Office of her address in the State at that time.

The person concerned subsequently claimed asylum in the United Kingdom using another identity. Arising from the UK asylum application, a request was received from the UK authorities, on 18 March 2005, that this State 'take back' the person concerned in accordance with Article 16(1)(c) of the Dublin II Regulation [Council Regulation (EC) No. 343/2003] on the basis that an earlier asylum application had been made in this State. Ireland agreed to accept responsibility and the person concerned was formally transferred to Ireland by the UK authorities.

In accordance with Section 17(1A) of the Refugee Act, 1996 (as amended), the person concerned was notified, by letter dated 26 July 2005, re-issued on 10 August 2005, that, based on the recommendation of the Refugee Applications Commissioner, the Minister had decided to refuse her a declaration as a refugee. In addition she was notified that, in accordance with Section 3 of the Immigration Act, 1999 (as amended), 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 have been submitted on behalf of the person concerned and these representations will be fully 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, before the file is passed to me for decision.

The Deputy might wish to note that the person concerned also sought to be re-admitted to the asylum process in accordance with the provisions of Section 17 (7) of the Refugee Act, 1996 (as amended). Following consideration of this application, a decision was taken to refuse the application and this decision was notified to the person concerned by letter dated 29 July 2005.

Due to the high volume of cases on hands, it is not possible to say when the outstanding application of the person concerned will be finalised. However, the Deputy can be assured that there will be no avoidable delay in having the case of the person concerned processed to completion.

Bernard Allen (Cork North Central, Fine Gael)
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Question 268: To ask the Minister for Justice, Equality and Law Reform when a decision will be made on the application for residency by a person (details supplied) in County Cork. [19786/09]

Dermot Ahern (Louth, Fianna Fail)
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There is currently no application pending in my Department for residency in the case of the person whose details were supplied.

If an application for asylum has been made by the person concerned the Deputy will of course be aware that it is not the practice to comment on asylum applications that are pending.