Bernard Durkan (Kildare North, Fine Gael)
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Question 220: To ask the Minister for Justice, Equality and Law Reform the position in regard to residency in the case of a person (details supplied) in Dublin 24; and if he will make a statement on the matter. [36342/09]

Dermot Ahern (Louth, Fianna Fail)
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I refer the Deputy to Parliamentary Question No. 150 of Thursday, 5 February, 2009, and the written Reply to that Question. The person concerned applied for asylum on 11 May 2005. 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 12 June 2006, 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 by the person concerned at that time.

The person concerned was subsequently notified of his entitlement to submit an application 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 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 221: To ask the Minister for Justice, Equality and Law Reform the position in relation to the application for residency in the case of a person (details supplied) in County Cork; and if he will make a statement on the matter. [36343/09]

Dermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum on 26 January 2004. 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 28 September 2009, 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 15 working day period referred to in my Department's letter of 28 September 2009 expires on 19 October 2009. It is open to the person concerned to make representations and/or apply for Subsidiary Protection in the State within that period. In any event, the case of the person concerned will not be further processed until the 15 working day period referred to has elapsed.

Bernard Durkan (Kildare North, Fine Gael)
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Question 222: To ask the Minister for Justice, Equality and Law Reform the progress of the application for residency in the case of a person (details supplied) in County Cork; and if he will make a statement on the matter. [36344/09]

Dermot Ahern (Louth, Fianna Fail)
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I refer the Deputy to Parliamentary Question No. 138 of Thursday, 26 February, 2009, and the written Reply to that Question. The person concerned applied for asylum on 28 March 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 20 February 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 223: To ask the Minister for Justice, Equality and Law Reform the position in relation to the application for residency in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [36345/09]

Dermot Ahern (Louth, Fianna Fail)
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I refer the Deputy to the Reply to his Parliamentary Question No. 290 on Wednesday 7 November 2009. The status of the person concerned remains as set out in that Reply. The person concerned has continued to meet her presentation requirements with the Garda National Immigration Bureau (GNIB). She is due to present again on Thursday 13 October 2009. The enforcement of the Deportation Order remains an operational matter for the GNIB.

Bernard Durkan (Kildare North, Fine Gael)
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Question 224: To ask the Minister for Justice, Equality and Law Reform if he will grant residency in the case of persons (details supplied) in County Clare; and if he will make a statement on the matter. [36346/09]

Dermot Ahern (Louth, Fianna Fail)
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The first named person concerned applied for asylum on 22 October 2001. 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. Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), the first named person concerned was informed, by letter dated 30 October 2002, 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 she should not have a Deportation Order made against her.

Her case was then examined 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. Consideration was given to all representations submitted. On 10 September 2003, a Deportation Order was signed in respect of the person concerned. This Order was served by registered letter dated 30 October 2003 which placed a legal requirement on the person concerned to present herself at Ennis Garda Station, Ennis, County Clare on Thursday 6 November 2003 in order to make arrangements for her removal from the State. The person concerned 'presented' as required and was given three further presentation dates which she kept. According to our records, she last 'presented' on 13 January 2004. She has not 'presented' since that date and is therefore classified as evading her deportation. This being the case, she is liable to arrest and detention for the purposes of effecting her deportation from the State.

By correspondence dated 16 January 2007, the first named person concerned sought permission to make an application for Subsidiary Protection. Following consideration of the case made, the request was refused because the first named person concerned was the subject of a Deportation Order. The person concerned was notified of this decision by letter dated 5 February 2007. The first named person concerned remains the subject of a Deportation Order and the enforcement of that Order is an operational matter for the Garda National Immigration Bureau.

With regard to the second named person concerned, it is not the practice to comment on individual asylum applications where a final decision has not been made. As the Deputy will be aware, applications for refugee status in the State are determined by an independent process comprising the Office of the Refugee Applications Commissioner and the Refugee Appeals Tribunal which make recommendations to the Minister for Justice, Equality and Law Reform on whether such status should be granted or refused.

The third named person concerned applied for asylum on 28 June 2002. Her application was refused following consideration of her 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 13 June 2003, 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 she should not have a Deportation Order made against her.

Her case was examined 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. Consideration was given to all representations submitted. On 10 September 2003, a Deportation Order was signed in respect of the third named person concerned. This Order was served by registered letter dated 30 October 2003 which placed a legal requirement on the third named person concerned to present herself at Ennis Garda Station, Ennis, County Clare on Thursday 6 November 2003 in order to make arrangements for her removal from the State. The person concerned 'presented' as required and was given three further presentation dates which she kept. According to our records, she last 'presented' on 13 January 2004. She has not 'presented' since that date and is therefore classified as evading her deportation. This being the case, she is liable to arrest and detention for the purposes of effecting her deportation from the State. The third named person concerned remains the subject of a Deportation Order and the enforcement of that Order is an operational matter for the Garda National Immigration Bureau.

In light of the above, the Deputy will appreciate that there are no residency issues outstanding in the context of the first and third named persons concerned while the position in the State of the second named person concerned remains to be determined. My Department has no record of the fourth named person concerned.