Joe Costello (Dublin Central, Labour)
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Question 169: To ask the Minister for Justice, Equality and Law Reform the status of the application for subsidiary protection by a person (details supplied) in Dublin 7; and if he will make a statement on the matter. [23798/09]

Dermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum on 13 October 2003. 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 17 January 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. Representations were received on behalf of the person concerned at that time.

The person concerned also made an application for permission to remain in the State on the basis of being a parent of an Irish citizen child, born in the State before 1 January 2005, in accordance with the revised arrangements announced by my predecessor on 15 January 2005, commonly referred to as the IBC/05 scheme. The person concerned did not satisfy the criteria under the revised arrangements and was notified of this decision by letter dated 11 August 2005.

On 15 December 2004, the person concerned made an application for permission to remain in the State on the basis of his marriage to an Irish national. Following consideration of this application the person concerned was informed, by letter dated 22 April 2009, that his application was refused for reasons set out in that letter. That letter also informed the person concerned that, in accordance with Section 3 of the Immigration Act 1999 (as amended), 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.

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.