Bernard Durkan (Kildare North, Fine Gael)
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Question 284: To ask the Minister for Justice, Equality and Law Reform the position in relation to a residency application in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [21526/09]

Dermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum on 16 October, 2002. 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 11 February, 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 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 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.

Bernard Durkan (Kildare North, Fine Gael)
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Question 285: To ask the Minister for Justice, Equality and Law Reform if particular or specific provision will be made in respect of residency and accommodation in the case of a person (details supplied) in Dublin 7; and if he will make a statement on the matter. [21527/09]

Dermot Ahern (Louth, Fianna Fail)
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The first and second named persons, a mother and her minor child, were admitted into the State on 20 January, 2005 on foot of a student visa, valid until 6 June, 2007. They have remained in the State since that date without the permission of the Minister.

Consequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), the first named person was informed, by letter dated 12 March, 2009, that the Minister proposed to make Deportation Orders in respect of her and her child. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of Deportation Orders or of making representations to the Minister setting out the reasons why she and her child should be allowed to remain temporarily in the State.

Representations have been submitted on behalf of the first and second named persons 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 third named person, an adult daughter of the first named person, arrived in the State in January 2008 but failed to register with her local Registration Office as required under the Immigration Act 2004 and is therefore illegally resident in the State. She gave birth to a child, the fourth named person, in the State in 2008.

Arising from her position as a person with no valid basis for being in the State, and in accordance with Section 3 of the Immigration Act 1999 (as amended), the third named person was informed, by letter dated 12 March, 2009, that the Minister proposed to make Deportation Orders in respect of her and her child. She was also given the options referred to above in respect of the first and second named persons.

Representations have been submitted on behalf of the third named person 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.