Bernard Durkan (Kildare North, Fine Gael)
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Question 292: To ask the Minister for Justice, Equality and Law Reform the position in relation to the application for residency in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [20196/09]

Dermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum on 17 September 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 11 October 2007, 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 person concerned did not submit an application for Subsidiary Protection in the State in accordance with these Regulations nor has she, to date, submitted written representations as to why she should be permitted to remain temporarily in the State.

The person concerned initiated Judicial Review Proceedings in the High Court, challenging the decision of the Refugee Appeals Tribunal in her case. On 23 January 2009 the High Court refused the Judicial Review Leave Application with the consequence that the earlier decisions of the Refugee Appeals Tribunal and the Minister stood.

The case file of the person concerned now falls to 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 overall consideration has been completed, the file is passed to me for decision.

Bernard Durkan (Kildare North, Fine Gael)
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Question 293: To ask the Minister for Justice, Equality and Law Reform the position in relation to the application for residency in the case of a person (details supplied) in County Cork; and if he will make a statement on the matter. [20197/09]

Dermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum on 17 August 2006. His asylum application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.

The person concerned has initiated Judicial Review proceedings in the High Court, challenging the decision of the Refugee Appeals Tribunal in his case. As these proceedings are ongoing, it would not be appropriate for me to comment further at this time.

Bernard Durkan (Kildare North, Fine Gael)
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Question 294: To ask the Minister for Justice, Equality and Law Reform the position in relation to the application for residency in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [20198/09]

Dermot Ahern (Louth, Fianna Fail)
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The person referred to by the Deputy applied for Asylum on 01/02/2005. The claim was assessed by the Refugee Applications Commissioner who concluded that the person concerned did not meet the criteria for recognition as a refugee. The Commissioner's recommendation was communicated to him by letter dated 29/08/2005. This communication advised the person of his entitlement to appeal the Commissioner's recommendation to the Refugee Appeals Tribunal, which he duly did.

The Refugee Appeals Tribunal considered the person's appeal, following which the Tribunal affirmed the Commissioner's earlier recommendation to reject his claim. The outcome of the appeal was made known to the applicant by letter dated 22/02/2006.

In accordance with normal procedures, the applicant's file has now been forwarded to my Department for final processing of the Asylum claim. A letter will issue to him from my Department advising him formally that his asylum claim has been rejected and affording him three options as follows:

1. Return home voluntarily

2. Consent to the making of a deportation order, or

3. Make written representations to me within 15 working days for temporary leave to remain in the State and/or make an application for subsidiary protection under the European Communities (Eligibility for Protection) Regulations 2006 (SI No. 518 of 2006.

Bernard Durkan (Kildare North, Fine Gael)
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Question 295: To ask the Minister for Justice, Equality and Law Reform the position in relation to the application for residency or family reunification in the case of a person (details supplied) in County Cork; and if he will make a statement on the matter. [20199/09]

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.