Bernard Durkan (Kildare North, Fine Gael)
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Question 366: To ask the Minister for Justice, Equality and Law Reform the position regarding the application for leave to remain in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [37180/09]

Dermot Ahern (Louth, Fianna Fail)
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There is currently no application pending in my Department for leave to remain in the case of the person whose details were supplied.

If an application for asylum has been made by the person concerned, the Deputy will of course be aware that it is not the practice to comment in detail on individual asylum applications.

Bernard Durkan (Kildare North, Fine Gael)
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Question 367: To ask the Minister for Justice, Equality and Law Reform the position in regard to residency or leave to remain in the case of persons (details supplied) in County Meath; and if he will make a statement on the matter. [37181/09]

Dermot Ahern (Louth, Fianna Fail)
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The first named person concerned applied for asylum on 6 December 2005. In accordance with Section 9 of the Refugee Act 1996 (as amended), she 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.

The second named person concerned, an infant, was born in the State in early 2006 and an application for asylum was made on his behalf on 20 March 2006. 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 their asylum applications, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the first and second named persons concerned were notified, by letters dated 28 June 2007 and 17 August 2007 respectively, that the Minister proposed to make Deportation Orders in respect of them. They were given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of Deportation Orders or of making representations to the Minister setting out the reasons why Deportation Orders should not be made against them. In addition, they were notified of their respective entitlements 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 first and second named persons concerned submitted applications for Subsidiary Protection in the State in accordance with these Regulations and these applications are under consideration at present. When consideration of these applications have been completed, the first and second named persons concerned will be notified in writing of the outcomes.

In the event that the applications for Subsidiary Protection are refused, the positions in the State of the first and second named persons 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 files are passed to me for decision. Once decisions have been made, these decisions and the consequences of the decisions will be conveyed in writing to the first and second named persons concerned.

The Deputy might wish to note that the first and second named persons concerned were separately included in an application for Family Reunification made under Section 18 of the Refugee Act 1996 (as amended). Following consideration of this application, a decision was made to refuse the application. This decision was notified to the relevant party on 16 December 2008.