Bernard Durkan (Kildare North, Fine Gael)
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Question 702: To ask the Minister for Justice, Equality and Law Reform the position regarding a residency and citizenship application in the case of persons (details supplied) in County Kildare; and if he will make a statement on the matter. [38131/09]

Dermot Ahern (Louth, Fianna Fail)
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The first named person concerned applied for asylum on 21 May 2002. In accordance with Section 9 of the Refugee Act 1996 (as amended), the first named 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 first named person concerned was notified, by letter dated 24 May 2004, 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 in respect of him.

His 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 his behalf. On 21 July 2005 a Deportation Order was signed in respect of him. This Order was served by registered post requiring the first named person concerned to present himself at the Offices of the Garda National Immigration Bureau (GNIB), 13-14 Burgh Quay, Dublin 2 on Thursday, 4 August, 2005 in order to make travel arrangements for his removal from the State. He 'presented' as required and was given further presentation dates which he kept.

By letter dated 23 July 2008, the legal representatives of the first named person concerned applied for the revocation of his Deportation Order. Following consideration of this application, a decision was made to refuse the application with the consequence that, on 9 October 2008, the Deportation Order was affirmed. Notice of the affirmation of the Deportation Order was served by registered post requiring the first named person concerned to present himself at the Offices of the Garda National Immigration Bureau (GNIB), 13-14 Burgh Quay, Dublin 2 on Thursday, 6 November, 2008 in order to make travel arrangements for his removal from the State. The first named person concerned failed to keep that appointment but cited medical reasons for his failure to do so. He is not currently subject to any presentation requirements with the GNIB.

On 14 November 2008, the legal representative of the first named person concerned again applied for the revocation of the Deportation Order. This application, under Section 3 (11) of the Immigration Act 1999 (as amended), is currently being considered.

The second named person concerned, the wife of the first named person concerned, applied for asylum on 20 December 2004. Separate applications for asylum were lodged on 28 October 2008 on behalf of the third and fourth named persons concerned, infant children of the first and second named persons concerned, born in the State in 2005 and 2007.

Arising from the refusal of their respective asylum applications, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the second, third and fourth named persons concerned were notified, by letters dated 24 March 2006, 11 June 2009 and 15 June 2009 respectively, that the Minister proposed to make Deportation Orders in respect of them. They were each 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, the third and fourth named persons 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 case files of the second, third and fourth named persons concerned will now 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 second, third and fourth named persons concerned.

In relation to the Deportation Order made in respect of the first named person, a request was made by my officials to the Garda National Immigration Bureau (GNIB), on 14 November 2008, to not enforce this Order until such time as the asylum applications of his two children had been considered.

Bernard Durkan (Kildare North, Fine Gael)
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Question 703: To ask the Minister for Justice, Equality and Law Reform the progress to date of an application for residency or naturalisation in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [38132/09]

Dermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum on 21 May 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 14 October 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 14 October 2009 expires on 5 November 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.