Mary O'Rourke (Longford-Westmeath, Fianna Fail)
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Question 578: To ask the Minister for Justice, Equality and Law Reform if he will review the case of persons (details supplied) in County Westmeath. [30088/09]

Dermot Ahern (Louth, Fianna Fail)
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There is currently no application pending in my Department for leave to remain in the case of the persons whose details were supplied. If an application for asylum has been made by the persons concerned, the Deputy should note that it is not the practice to comment in detail on individual asylum applications.

Bernard Allen (Cork North Central, Fine Gael)
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Question 579: To ask the Minister for Justice, Equality and Law Reform when a decision will be made on the application for residency on humanitarian grounds in the case of a person (details supplied) in County Cork. [30119/09]

Dermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum on 23 November 2007. In accordance with Section 9 of the Refugee Act 1996 (as amended), the individual concerned was entitled to remain in the State until his application for asylum was decided. His asylum application was refused following consideration of his case by the Office of the Refugee Applications Commissioner. The person concerned was advised of his entitlement to appeal this determination to the Refugee Appeals Tribunal but he did not do so.

Arising from the refusal of his asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 24 June 2008, 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 a Deportation Order should not be made against him. 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 application for Subsidiary Protection is refused, the position in the State of the person concerned will then be decided by reference to the provisions of 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. Any representations submitted will be considered before the file is passed to me for decision. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.

The Deputy might also wish to note that, on 15 July 2008, the person concerned, through his legal representative, sought to be re-admitted to the asylum process in accordance with the provisions of Section 17(7) of the Refugee Act 1996 (as amended). This application was refused and the person concerned was notified of the refusal decision by letter dated 29 August 2008.