Bernard Durkan (Kildare North, Fine Gael)
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Question 268: To ask the Minister for Justice, Equality and Law Reform when he will determine the residency application in the case of a person (details supplied) in Dublin 22; and if he will make a statement on the matter. [35887/09]

Dermot Ahern (Louth, Fianna Fail)
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I refer the Deputy to his earlier Parliamentary Question, No. 105 of Thursday, 14 May, 2009, and the written Reply to that Question. The up to date position is that the application for Subsidiary Protection in the State submitted by the person concerned 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 269: 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 6; and if he will make a statement on the matter. [35888/09]

Dermot Ahern (Louth, Fianna Fail)
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I have been informed by the Irish Naturalisation and Immigration Service (INIS) that they have not received an application from the persons mentioned by the Deputy. The persons concerned should be advised to write to the General Immigration Division of my Department, which is located at 13-14 Burgh Quay, Dublin 2, providing full details and documentation of their plans to stay in the State to enable my officials to make a decision on the application.

Bernard Durkan (Kildare North, Fine Gael)
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Question 270: 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 Louth; and if he will make a statement on the matter. [35889/09]

Dermot Ahern (Louth, Fianna Fail)
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I refer the Deputy to his earlier Parliamentary Question No. 164 of Thursday, 21 May 2009, and the written Reply to that Question. The person concerned applied for asylum on 27 February 2006. 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 14 January 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 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 271: To ask the Minister for Justice, Equality and Law Reform the procedure to be followed to regularise or apply for naturalisation in the case of a person (details supplied) in County Louth; and if he will make a statement on the matter. [35890/09]

Dermot Ahern (Louth, Fianna Fail)
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I refer the Deputy to his earlier Parliamentary Questions, Nos. 125 of Thursday, 12 February 2009, and 272 of Tuesday, 31 March 2009, and the written Replies to those Questions. The person concerned applied for asylum on 16 April 2003. 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. Subsequently, in accordance with Section 3 of the Immigration Act, 1999 (as amended), the person concerned was informed, by letter dated 30 September 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 a Deportation Order should not be made against him. Representations were submitted on behalf of the person concerned at that time.

By letter dated 28 April 2008, the person concerned was advised 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). No such application has been submitted by, or on behalf of, the person concerned. The case file of the person concerned, including all representations submitted, will now 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. 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.

In relation to the Deputy's query regarding the procedure to be followed in the context of an application for naturalisation, the position is that such an application can be lodged by a person who has completed five years of lawful residency in the State. As the person concerned would not meet this lawful residency requirement, it would not be open to him to make such an application at this time.