Bernard Durkan (Kildare North, Fine Gael)
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Question 693: To ask the Minister for Justice, Equality and Law Reform the position regarding an application for residency in respect of a person (details supplied) in Dublin 22; and if he will make a statement on the matter. [38122/09]

Dermot Ahern (Louth, Fianna Fail)
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I refer the Deputy to Parliamentary Question No. 340 of Wednesday, 6 May, 2009, and the written Reply to that Question.

As stated in my earlier 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 694: 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 8; and if he will make a statement on the matter. [38123/09]

Dermot Ahern (Louth, Fianna Fail)
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The person referred to by the Deputy applied for Asylum on 10 November 2005. The claim was assessed by the Refugee Applications Commissioner who concluded that the person concerned did not meet the criteria for recognition as a refugee. The Commissioner's recommendation was communicated to her by letter dated 8 March 2006 and re issued 30 March 2006. This communication advised the person of her entitlement to appeal the Commissioner's recommendation to the Refugee Appeals Tribunal, which she duly did. The applicant initiated Judicial Review Proceedings against the RAT which were settled in favour of the applicant.

The Refugee Appeals Tribunal re-examined the person's appeal, following which the Tribunal reaffirmed the Commissioner's earlier recommendation to reject her claim. The outcome of the appeal was made known to the applicant by letter dated 6 October 2009.

In accordance with normal procedures, the applicant's file has been forwarded to my Department's Ministerial Decisions Unit for final processing of the Asylum claim. A letter has issued to her from my Department advising her formally that her asylum claim has been rejected and affording her three options as follows: 1. return home voluntarily, 2. consent to the making of a deportation order, or 3. make written representations to me within 15 working days for temporary leave to remain in the State and/or make an application for subsidiary protection under the European Communities (Eligibility for Protection) Regulations 2006 (SI No. 518 of 2006).

My Department currently awaits a response from the person concerned.