Bernard Durkan (Kildare North, Fine Gael)
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Question 529: To ask the Minister for Justice, Equality and Law Reform the position in relation to the application for residency in the case of persons (details supplied) in County Louth; and if he will make a statement on the matter. [29521/09]

Dermot Ahern (Louth, Fianna Fail)
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The immigration case histories and up to date positions of the two persons concerned, a husband and wife, are almost identical. As a result, for the purposes of the Deputy's Question, I will deal with the two cases as one.

Both of the persons concerned applied for asylum in the State on 18 August 2004. Their respective asylum applications were refused following the individual consideration of their cases by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal. Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), both of the persons concerned were informed, by separate letters dated 20 February 2008, that the Minister proposed to make Deportation Orders in respect of them. They were each 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 they should be allowed to remain temporarily in the State. In addition, they were each notified of their 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 these letters.

The first and second named persons concerned submitted separate applications for Subsidiary Protection in the State in accordance with these Regulations and these applications are under consideration at present. When consideration of these applications have been completed, the persons concerned will be notified individually in writing of the outcome.

Bernard Durkan (Kildare North, Fine Gael)
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Question 530: To ask the Minister for Justice, Equality and Law Reform when a decision will be made 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 in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [29522/09]

Dermot Ahern (Louth, Fianna Fail)
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I refer the Deputy to Parliamentary Questions No. 354 of Tuesday 9 June 2009 and No. 134 of Thursday 26 March 2009 and the written Replies to those Questions. The person concerned applied for asylum in the State on 28 April 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 16 May 2005, 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 have been received on behalf of the person concerned and these representations will be fully 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, before the file is passed to me for decision.