Bernard Durkan (Kildare North, Fine Gael)
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Question 106: To ask the Minister for Justice, Equality and Law Reform the position in regard to the application for residency or citizenship in the case of a person (details supplied) in Dublin 7; and if he will make a statement on the matter. [27006/09]

Dermot Ahern (Louth, Fianna Fail)
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The Deputy will be aware of the history of this case from previous Dáil replies. The person concerned is the subject of a Deportation Order following a comprehensive examination of his asylum claim and of his application to remain temporarily in the State. In addition he has been evading his deportation since 10 August 2004 and should therefore present himself to the Garda Authorities with any further delay.

As a matter of policy, I do not intend to reward persons who have failed a very fair and comprehensive asylum process, and who have thereafter proceeded to evade their deportation for several years, by granting such persons residency in the State. Notwithstanding the foregoing, if there has been a change in the circumstances of the person concerned, or new information has come to light which has a direct bearing on his case, there remains the option of applying to me for revocation of his Deportation Order pursuant to the provisions of Section 3 (11) of the Immigration Act, 1999, as amended. However I wish to make clear that such an application would require substantial grounds to be successful.

The effect of the Deportation Order is that the person concerned must leave the State and remain thereafter out of the State. The enforcement of the Deportation Order remains an operational matter for the Garda National Immigration Bureau.

Bernard Durkan (Kildare North, Fine Gael)
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Question 107: To ask the Minister for Justice, Equality and Law Reform the position in regard to residency or family reunification in the case of a person (details supplied) in Dublin 24; and if he will make a statement on the matter. [27007/09]

Dermot Ahern (Louth, Fianna Fail)
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The person concerned arrived in the State and claimed asylum on 11 December 2006. His asylum application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal. Following the formal refusal of the asylum application, the case was considered under Section 3 of the Immigration Act, 1999 (as amended). Following the detailed consideration of the case, including all representations submitted by him and on his behalf, a Deportation Order was signed in respect of him on 23 March 2009.

Through his legal representative, the person concerned initiated Judicial Review Proceedings in the High Court on 22 April 2009 challenging the decision to make a Deportation Order in respect of him. As these proceedings are ongoing the matter is now sub judice and it would not be appropriate for me to comment further on this case at this time.

Bernard Durkan (Kildare North, Fine Gael)
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Question 108: To ask the Minister for Justice, Equality and Law Reform the position in regard to residency or citizenship in the case of persons (details supplied) in County Meath; and if he will make a statement on the matter. [27008/09]

Dermot Ahern (Louth, Fianna Fail)
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I refer the Deputy to Parliamentary Question No. 149 of Thursday, 19 February 2009, and the written Reply to that Question.

The first named person concerned applied for asylum on 14 April 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 first named person concerned was informed, by letter dated 20 February 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 first named 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 first named 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 first named 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 first named person concerned is passed to me for decision.

The second named person concerned, the wife of the first named person concerned, applied for asylum on 15 June 2005. She also gave birth to a child in this State in 2005. Her asylum 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 second named person concerned was informed, by letter dated 30 August 2006, 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 were submitted by the second named person concerned at that time.

The second named person concerned was invited, by letter dated 6 October 2008, to submit an application 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 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 is passed to me for decision.

Bernard Durkan (Kildare North, Fine Gael)
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Question 109: To ask the Minister for Justice, Equality and Law Reform the position in regard to residency or citizenship in the case of a person (details supplied) in County Dublin. [27009/09]

Dermot Ahern (Louth, Fianna Fail)
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I refer the Deputy to my detailed Reply to her Parliamentary Question No. 80 of Thursday, 9 April 2009, in this matter. The position in the State of the person concerned is as set out in that Reply.

Bernard Durkan (Kildare North, Fine Gael)
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Question 110: 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 Dublin 24; and if he will make a statement on the matter. [27010/09]

Dermot Ahern (Louth, Fianna Fail)
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I refer the Deputy to Parliamentary Question No. 157 of Thursday 21 May 2009 in this matter. The position in the State of the person concerned is as set out in that Reply.