Bernard Durkan (Kildare North, Fine Gael)
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Question 165: To ask the Minister for Justice, Equality and Law Reform if consideration will be given to extend residency or entertain an application for citizenship in the case of persons (details supplied) in County Westmeath; and if he will make a statement on the matter. [45244/09]

Dermot Ahern (Louth, Fianna Fail)
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The first and second named persons concerned applied for asylum on 1 March 2004 and 18 March 2008 respectively. In accordance with Section 9 of the Refugee Act 1996 (as amended), the first and second persons concerned were entitled to remain in the State until their applications for asylum were decided. Their asylum applications were refused following consideration of their individual cases by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.

Arising from the refusal of the first named person's asylum application, and in accordance with the provisions of Section 3 of the Immigration Act, 1999 (as amended), he was informed, by letter dated 13 September 2005, 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 he should not have a Deportation Order made against him. Representations were submitted on behalf of the first named person concerned at that time.

The first named person concerned was subsequently informed 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).

An application for Subsidiary Protection in the State has been submitted on behalf of the first named person concerned and this application is currently under consideration in my Department. When this consideration has been completed, the first named 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 first named 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 first named person concerned.

Arising from the refusal of the second named person's asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), she was notified, by letter dated 27 August 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 position in the State of the second named person concerned now falls to 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 second named person concerned.

The Deputy might wish to note that as neither of the persons concerned are legally resident in the State, the issue of citizenship does not arise at this time.