Bernard Durkan (Kildare North, Fine Gael)
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Question 210: To ask the Minister for Justice, Equality and Law Reform the progress to date and likely outcome in the application for residency in the case of persons (details supplied) in County Kildare; and if he will make a statement on the matter. [2893/10]

Dermot Ahern (Louth, Fianna Fail)
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The persons concerned, a husband and wife, made separate applications for asylum on 31 August 2005. The couple's child was born in the State in late 2005 and this child was included as a child dependant in his mother's asylum application. In accordance with Section 9 of the Refugee Act 1996 (as amended), the persons concerned were entitled to remain in the State until their respective applications for asylum were decided. Their asylum applications were refused following the separate consideration of their cases 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 was notified, by letter dated 14 August 2008, 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.

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 second named person was notified, by letter dated 28 July 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, both the first and the second 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 persons concerned have submitted applications for Subsidiary Protection in the State in accordance with these Regulations and these applications are under consideration at present. When consideration of these applications have been completed, the persons concerned will be notified in writing of the outcomes. In the event that the applications for Subsidiary Protection are refused, the positions in the State of the persons 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 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 persons concerned.

Given that the consideration of these cases has not yet been completed, the Deputy will appreciate that it would be entirely inappropriate to make any comment on their likely outcomes.