Bernard Durkan (Kildare North, Fine Gael)
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Question 679: To ask the Minister for Justice, Equality and Law Reform the position of an application for refugee status in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [31094/09]

Dermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum on 2 February 2006. 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 and, on appeal, the Refugee Appeals Tribunal.

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 31 August 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 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 15 working day period referred to in my Department's letter of 31 August 2009 expires on 21 September 2009. It is open to the person concerned to make representations and/or apply for Subsidiary Protection within that period. In any event, a final decision on this case will not be made prior to the expiry date referred to.