Bernard Durkan (Kildare North, Fine Gael)
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Question 279: To ask the Minister for Justice, Equality and Law Reform when a decision will be made on an application under Section 3 of the Immigration Act 1999 for leave to remain in the State in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [25791/09]

Dermot Ahern (Louth, Fianna Fail)
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I refer the Deputy to my reply to Parliamentary Question No. 144 of 25 June 2009.

The position remains unchanged as consideration of the person's case is ongoing. While I am not in a position to give a precise timeframe as to when such considerations will be concluded, I wish to inform the Deputy that a decision is expected shortly and that the person concerned will be contacted directly and notified of any such decision.

Bernard Durkan (Kildare North, Fine Gael)
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Question 280: To ask the Minister for Justice, Equality and Law Reform the position in relation to the application for family reunification in the case of a person (details supplied) in Dublin 8; if a visa will issue before their spouse's passport expires; and if he will make a statement on the matter. [25792/09]

Dermot Ahern (Louth, Fianna Fail)
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I am informed by the Irish Naturalisation and Immigration Service (INIS) that the person concerned made a Family Reunification Application in respect of his wife in June 2008. The Family Reunification Division of INIS has recently been in contact with the person in question requesting further information and documentation. On receipt of that information the application will be processed further.

Bernard Durkan (Kildare North, Fine Gael)
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Question 281: To ask the Minister for Justice, Equality and Law Reform the position in relation to the application for residency or leave to remain in the State in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [25793/09]

Dermot Ahern (Louth, Fianna Fail)
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The person concerned arrived in the State as an unaccompanied minor. He was subsequently reunited with his mother and included on her asylum application on 31 January 2001. His mother's asylum application was refused on appeal. Following consideration of her case, 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, Deportation Orders were signed in respect of her and her children on 26 August 2004.

Judicial Review proceedings challenging the Deportation Order in respect of the above named were instigated in March 2005. These proceedings were subsequently settled. The terms of the settlement included that the Deportation Order in respect of the person concerned be revoked and that he be allowed to make an application for asylum in his own right.

On 13 February 2008 the person concerned applied for asylum as an adult in his own right. 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 29 May 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).

To date no response has been received in my Department to this letter. The Deputy might note that each case is considered individually and regardless of whether or not written representations are submitted by or on behalf of the applicant. The case of the person concerned will be considered having regard to Section 5 of the Refugee Act, 1996 (as amended) on the prohibition of refoulement, before the file is passed to me for Decision.

Bernard Durkan (Kildare North, Fine Gael)
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Question 282: To ask the Minister for Justice, Equality and Law Reform the position in regard to residency in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [25794/09]

Dermot Ahern (Louth, Fianna Fail)
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I refer the Deputy to Parliamentary Question No. 141 of Thursday, 9 October 2008, and the written Reply to that Question.

The person concerned applied for asylum on 13 February 2006. 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 26 October 2007, 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.