Bernard Durkan (Kildare North, Fine Gael)
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Question 361: To ask the Minister for Justice, Equality and Law Reform the position regarding the application for residency or subsidiary protection in the case of a person (details supplied) in County Cork; and if he will make a statement on the matter. [22310/09]

Dermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum on 15 February, 2005. 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 21 November, 2006, 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 initiated Judicial Review Proceedings in the High Court, challenging the decision of the Refugee Appeals Tribunal in his case. 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 person concerned has not submitted an application for Subsidiary Protection in the State. Neither has he, to date, submitted written representations as to why he should be permitted to remain temporarily in the State. 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.