Bernard Durkan (Kildare North, Fine Gael)
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Question 362: To ask the Minister for Justice, Equality and Law Reform when a Garda national immigration bureau card will be renewed in the case of a person (details supplied) in Dublin 24; and if he will make a statement on the matter. [37176/09]

Dermot Ahern (Louth, Fianna Fail)
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I wish to inform the Deputy that the person to whom he refers was granted permission to remain in the State in June of 2001 under the arrangements then in place for the non-EEA parents of Irish citizen children. The permission granted was for an initial period of twelve months.

Under the terms of the procedures under which the person concerned was granted permission to remain, such persons are not required to contact my Department unless there is a change in their circumstances. The renewal or extension of an applicant's permission to remain is a matter for the Garda National Immigration Bureau. In this regard, I am informed that the most recent permission to remain granted to the person concerned expired on 17 May 2009.

Bernard Durkan (Kildare North, Fine Gael)
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Question 363: To ask the Minister for Justice, Equality and Law Reform the residency status in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [37177/09]

Dermot Ahern (Louth, Fianna Fail)
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I refer the Deputy to Parliamentary Questions Nos. 135 of Thursday, 28 May, 2009 and 345 of Wednesday, 6 May, 2009 and the written Replies to those Questions.

As stated in my last Reply, the person concerned has submitted an application for Subsidiary Protection in the State which 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 364: To ask the Minister for Justice, Equality and Law Reform when residency status will be granted or extended in the case of a person (details supplied) in Dublin 7; and if he will make a statement on the matter. [37178/09]

Dermot Ahern (Louth, Fianna Fail)
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The Deputy will be aware of the history of this case from previous Parliamentary Questions. The person concerned is the subject of a Deportation Order following a comprehensive examination of his asylum claim and of his application to remain temporarily in the State. In addition he has been evading his deportation since 10 August 2004 and should therefore present himself to the Garda Authorities without any further delay.

As a matter of policy, I do not intend to reward persons who have failed a very fair and comprehensive asylum process, and who have thereafter proceeded to evade their deportation for several years, by granting such persons residency in the State. Notwithstanding the foregoing, if there has been a change in the circumstances of the person concerned, or new information has come to light which has a direct bearing on his case, there remains the option of applying to me for revocation of his Deportation Order pursuant to the provisions of Section 3 (11) of the Immigration Act, 1999, as amended. However I wish to make clear that such an application would require substantial grounds to be successful.

The effect of the Deportation Order is that the person concerned must leave the State and remain thereafter out of the State.

The enforcement of the Deportation Order remains an operational matter for the Garda National Immigration Bureau.