Michael Creed (Cork North West, Fine Gael)
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Question 303: To ask the Minister for Justice, Equality and Law Reform the status regarding an application for asylum by a person (details supplied) in County Cork; if, in view of their circumstances he will look favourably on this case; and if he will make a statement on the matter. [26130/09]

Dermot Ahern (Louth, Fianna Fail)
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The person concerned arrived in the State on 15 January 2007 and applied for asylum on 5 November 2007. She gave birth to a child in the State on 30 November 2007 and this child was included on her mother's asylum application. 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 10 July 2008, 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. 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 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 of the person concerned will be passed to me for decision.

The Deputy might wish to note that the representations submitted on behalf of the person concerned established that the child of the person concerned was in fact an Irish Citizen by virtue of her father's residency status, in the State, at the time of her birth. Therefore, this child, as an Irish citizen cannot be considered for Subsidiary Protection nor will consideration be given to the making of a Deportation Order in respect of her irrespective of the outcome of her mother's applications.

Michael Creed (Cork North West, Fine Gael)
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Question 304: To ask the Minister for Justice, Equality and Law Reform the reason for the three year delay in processing an application for political asylum by persons (details supplied) in County Cork; the current position regarding this application; the legal status of the children in this application; and if he will make a statement on the matter. [26131/09]

Dermot Ahern (Louth, Fianna Fail)
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The first named Applicant arrived in the State on 27 October 2006 and applied for asylum which was refused by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal. Subsequently, a Deportation Order was signed in respect of the first named Applicant on 12 February 2009. Judicial Review Proceedings were instituted in the High Court on 28 April 2009, but these proceedings do not challenge the validity of the Deportation Order. As this matter is now sub judice I do not propose to comment further.

The second named Applicant arrived in the State on 8 December 2006 and applied for asylum which was refused by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal. Subsequently, a Deportation Order was signed in respect of the second named Applicant on 19 February 2009. As an exceptional measure, an undertaking was given not to enforce the Deportation Order in relation to the second named Applicant.

The third named Applicant was born in the State on 3 August 2007 and is the daughter of the first and second Applicant. Under the Irish Nationality and Citizenship Act, 2004; she is not an Irish citizen. The third named Applicant applied for asylum on 9 April 2009, approximately one year and eight months after she was born and a few weeks after her parents were notified of the Deportation Orders made in respect of them. This application was refused by the Office of the Refugee Applications Commissioner. This decision has been appealed to the Refugee Appeals Tribunal and a decision is pending. As Judicial Review Proceedings were instituted in the High Court on 28 April 2009, this matter is sub judice and I do not propose to comment further.

If an application for asylum has been made in respect of any of the other persons concerned, the Deputy should note that it is not the practice to comment on asylum applications that are pending.

Michael Creed (Cork North West, Fine Gael)
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Question 305: To ask the Minister for Justice, Equality and Law Reform the position regarding an application for political asylum by persons (details supplied) in County Cork; when a final decision can be expected on this application; and if he will make a statement on the matter. [26132/09]

Dermot Ahern (Louth, Fianna Fail)
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If an application for asylum has been made by each of the persons concerned, the Deputy should note that it is not the practice to comment on asylum applications that are pending.