Bernard Durkan (Kildare North, Fine Gael)
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Question 149: To ask the Minister for Justice, Equality and Law Reform the progress made to date in 2009 in the determination of residency in the case of a person (details supplied) in Dublin 8; and if he will make a statement on the matter. [39853/09]

Dermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum on 8 February 2007. 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 person concerned was informed, by letter dated 13 November 2007, that the Minister proposed to make a Deportation Order in respect of her. She was given three options in accordance with Section 3(3)(b)(ii) of the Immigration Act, 1999 (as amended), to be exercised within 15 working days. Namely, to leave the State voluntarily, to consent to the making of a Deportation Order or to make representations to the Minister setting out the reasons why she should be allowed to remain temporarily in the State i.e. why she should not be deported.

The person concerned submitted 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). Following consideration of the information submitted, the application was refused. The person concerned and her legal representative were notified of this decision by letter dated 5 June 2008. 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 representations submitted on her behalf by her legal representative for permission to remain in the State. On 14 August 2008, I refused permission to remain temporarily in the State and instead signed a Deportation Order in respect of her. Notice of this order was served by registered post requiring the person concerned to leave the State by 10 October 2009.

By letter dated 4 August 2009, the legal representative of the person concerned lodged an application for revocation of the Deportation Order, in accordance with the provisions of Section 3(11) of the Immigration Act, 1999 (as amended). Following consideration of the information submitted, the Deportation Order was affirmed and the person concerned and her legal representative were advised of this decision by letter dated 2 November 2009. In addition, the person concerned was required to present herself to the GNIB on 10 November 2009. By letter dated 23 October 2009 the person concerned and her legal representative were given an undertaking that the Deportation Order would not be enforced until 30 June 2010. The undertaking will not extend beyond this date.

I am satisfied that the applications made by the person concerned for asylum, for temporary leave to remain in the State and for Subsidiary Protection, together with all refoulement issues, were fairly and comprehensively examined and, as such, the decision to deport her is justified. 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 is an operational matter for the GNIB.

Bernard Durkan (Kildare North, Fine Gael)
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Question 150: To ask the Minister for Justice, Equality and Law Reform the progress made to date in 2009 in the determination of residency of a person (details supplied) in Dublin 1; and if he will make a statement on the matter. [39854/09]

Dermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum on 21 September 2006. 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 16 June 2007, 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. In addition, he was notified of his 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.

The Deputy might note that the case of the person concerned is among a large number of such cases awaiting consideration at present. However, the Deputy can be assured that the case of the person concerned will be finalised as soon as possible.

Bernard Durkan (Kildare North, Fine Gael)
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Question 151: To ask the Minister for Justice, Equality and Law Reform the progress made to date regarding the determination of residency in the case of a person (details supplied) in County Laois; and if he will make a statement on the matter. [39855/09]

Dermot Ahern (Louth, Fianna Fail)
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There is currently no application pending in my Department for residency 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.