Bernard Durkan (Kildare North, Fine Gael)
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Question 168: 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 Meath; and if he will make a statement on the matter. [45247/09]

Dermot Ahern (Louth, Fianna Fail)
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The person concerned arrived in the State on 23 April 2004 and applied for asylum on 25 November 2004. She subsequently gave birth to a child in the State, and this child was included in his mother's 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 6 March 2008, that the Minister proposed to make Deportation Orders in respect of her and her child. 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 her and her child. 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 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.

Bernard Durkan (Kildare North, Fine Gael)
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Question 169: To ask the Minister for Justice, Equality and Law Reform when residency or stamp four will issue in the case of a person (details supplied) in Dublin 7; and if he will make a statement on the matter. [45248/09]

Dermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum in the State on 21 April 1997. His application was refused following consideration of his case by the then Asylum Division of the Department of Justice, Equality and Law Reform and, on appeal, the then Asylum Appeals Unit of the Department. The person concerned was informed in writing of this latter decision by letter dated 1 November 2000.

On 3 September 1999, the person concerned made an application for permission to remain in the State on the basis of his parentage of an Irish born child. However, this application was deemed to be abandoned as the person concerned failed to respond to letters from my Department requesting documentation to support his application.

In light of the fact that the person concerned appeared to have left the State, his case was not subsequently finalised. However, in an effort to bring his case to completion, my Department wrote to the person concerned on 18 September 2009 requesting detailed information from him relating to his personal and family circumstances as well as documentary evidence to attest to the periods he had been in the State and, by extension, was outside the State. The person concerned has responded to this communication and this response will be considered as part of the overall consideration of the case of the person concerned 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. When this consideration has been completed, 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.