Bernard Durkan (Kildare North, Fine Gael)
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Question 674: To ask the Minister for Justice, Equality and Law Reform the position regarding an application for residency in the case of a person (details supplied) in Dublin 22; and if he will make a statement on the matter. [33165/09]

Dermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum on 6 October 2006. In accordance with Section 9 of the Refugee Act 1996 (as amended), the person concerned was entitled to remain in the State until her application for asylum was decided. 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.

Arising from the refusal of her 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 11 July 2007, that the Minister proposed to make a Deportation Order in respect of her. She 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 her. 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 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. All 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.

Bernard Durkan (Kildare North, Fine Gael)
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Question 675: To ask the Minister for Justice, Equality and Law Reform the position regarding an application for residency and naturalisation in the case of a person (details supplied) in Dublin 22; and if he will make a statement on the matter. [33166/09]

Dermot Ahern (Louth, Fianna Fail)
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I refer the Deputy to Parliamentary Question No. 80 of Thursday, 9 April, 2009 and the written reply to that Question. The person concerned applied for asylum on 13 August 2002. In accordance with Section 9 of the Refugee Act 1996 (as amended), the person 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 29 August 2003, 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. Representations have been received on behalf of the person concerned.

The position in the State of the person concerned will now 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. All 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 wish to note that my Department wrote to the person concerned on 5 May 2009 seeking certain clarifications. This letter was sent to the last recorded address of the person concerned. The person concerned has not, to date, responded to my Department's letter. It is noted, however, that the address supplied in the Deputy's Question does not match the address currently on record in my Department. If, as it appears, the person concerned has changed address, he is legally obliged to communicate such an address change to my Department without delay. In any event, the position in the State of the person concerned will be considered further upon receipt of a response to my Department's letter dated 5 May 2009.

Bernard Durkan (Kildare North, Fine Gael)
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Question 676: To ask the Minister for Justice, Equality and Law Reform the position regarding an application for residency in the case of a person (details supplied) in County Limerick; and if he will make a statement on the matter. [33167/09]

Dermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum on 13 May 1997. The person 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 then Asylum Division of the Department of Justice, Equality and Law Reform and, on appeal, by the then Asylum Appeals Unit of the Department. The person concerned was notified of this latter decision by letter dated 28 July 1999.

Arising from the refusal of his asylum application, the person concerned was given the options of making a written application to the Minister in support of his case to be allowed to remain in the State or of making arrangements to leave the State within fourteen days of the date of that letter. An application to be allowed to remain in the State was submitted on behalf of the person concerned at that time.

Also 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 further notified, by letter dated 21 March 2001, 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. No further representations were received from, or on behalf of, the person concerned at that time.

On 10 October 2006, Regulations known as the European Communities (Eligibility for Protection) Regulations, 2006 (S.I. No. 518 of 2006) came into force. The person concerned was notified, by letter dated 1 June 2007, that he could, if he so wished, submit an application for Subsidiary Protection in the State. He was also invited to update his earlier representations to the Minister. He was requested to respond within 15 working days. Updated representations were received on behalf of the person concerned as was an application for Subsidiary Protection in the State. Following consideration of this application, it was determined that the person concerned was not eligible for Subsidiary Protection in the State. The person concerned was notified of this decision by letter dated 10 June 2008.

The position in the State of the person concerned will now 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. All 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.