Bernard Durkan (Kildare North, Fine Gael)
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Question 289: 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 County Carlow; and if he will make a statement on the matter. [41512/09]

Dermot Ahern (Louth, Fianna Fail)
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I am informed by the Irish Naturalisation and Immigration Service (INIS) that the person referred to in the Deputy's Question has not made an application for residency. It is open to the person concerned to make an application to my Department regarding her residency status in the State.

Bernard Durkan (Kildare North, Fine Gael)
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Question 290: To ask the Minister for Justice, Equality and Law Reform the position regarding an application for residency or family reunification in the case of a person (details supplied) in County Meath whose spouse has permission to remain here; and if he will make a statement on the matter. [41513/09]

Dermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum on 7 November 2005. Her nephew was included as a child dependant in her asylum application. 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 23 August 2006, that the Minister proposed to make Deportation Orders in respect of her and her nephew. She was 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. The person concerned was later invited 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 position in the State of the person 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 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. Any decision made will apply equally to the nephew of the person concerned. The Deputy should note that the position in the State of the person concerned is not such as would confer any entitlement to family reunification.

Bernard Durkan (Kildare North, Fine Gael)
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Question 291: To ask the Minister for Justice, Equality and Law Reform if he will review an application for leave to remain in the State on humanitarian grounds or family reunification in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [41514/09]

Dermot Ahern (Louth, Fianna Fail)
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On the basis of the information supplied, it is not possible to reply to the Deputy's Question. Specifically, the reference number supplied relates to an entirely different person. In an effort to clarify the matter, I am informed that an Official from my Department made telephone contact with the Deputy's office but the required clarification did not materialise. In the circumstances, I regret that I am unable to reply to the Deputy's Question at this time.

Bernard Durkan (Kildare North, Fine Gael)
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Question 292: 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 County Kerry; and if he will make a statement on the matter. [41515/09]

Dermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum on 12 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 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 24 July 2006, 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. Representations have been received on behalf of the person concerned.

The position in the State of the person 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 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 293: 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 County Cork; and if he will make a statement on the matter. [41516/09]

Dermot Ahern (Louth, Fianna Fail)
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I have been informed by the Immigration Division of my Department that the person referred to by the Deputy has been granted five years permission to remain in the State based on his marriage to an EU citizen.