Bernard Durkan (Kildare North, Fine Gael)
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Question 212: To ask the Minister for Justice, Equality and Law Reform the position regarding an application for residency in respect of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [2895/10]

Dermot Ahern (Louth, Fianna Fail)
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I refer the Deputy to Parliamentary Question No. 187 of Thursday, 17 December 2009, and the written Reply to that Question.

The up to date position is that the representations submitted by the person concerned as to why Deportation Orders should not be made in respect of her and her child are currently being considered in my Department. This consideration will have regard for 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. Once 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.

Bernard Durkan (Kildare North, Fine Gael)
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Question 213: To ask the Minister for Justice, Equality and Law Reform the position regarding an application for residency and citizenship in respect of a person (details supplied) in County Cork; and if he will make a statement on the matter. [2896/10]

Dermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum on 20 May 2003. 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. The person concerned initiated Judicial Review Proceedings in the High Court, challenging the decision of the Refugee Appeals Tribunal in his case. On 20 April 2009 the High Court refused the Judicial Review Leave Application with the consequence that the earlier decision of the Refugee Appeals Tribunal stood.

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 28 May 2009, 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 person concerned also made an application for residency in the State on the basis of being the spouse of an EU National. However, following consideration of this application, under the provisions of the European Communities (Free Movement of Persons) Regulations, 2006, a decision was made to refuse the application. The person concerned was notified of this refusal decision by letter dated 23 October 2008.

Bernard Durkan (Kildare North, Fine Gael)
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Question 214: To ask the Minister for Justice, Equality and Law Reform the position regarding an application for residency in respect of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [2897/10]

Dermot Ahern (Louth, Fianna Fail)
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I refer the Deputy to my detailed Reply to his recent Parliamentary Question, No. 629 of Tuesday, 19 January 2010, in this matter.

As stated in my earlier Reply, in the event that the application for Subsidiary Protection made by the person concerned is refused, the position in the State of the person concerned and that of her two children 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, including those of a medical nature, 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 215: 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. [2898/10]

Dermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum on 7 December 2006. 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 9 October 2007, 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 person concerned initiated Judicial Review Proceedings in the High Court, challenging the decision of the Refugee Appeals Tribunal in her case. The High Court refused the Judicial Review Leave Application with the consequence that the earlier decisions of the Refugee Appeals Tribunal and the Minister stood. 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 216: To ask the Minister for Justice, Equality and Law Reform the position regarding an application for residency in respect of a person (details supplied) in Dublin 1; and if he will make a statement on the matter. [2899/10]

Dermot Ahern (Louth, Fianna Fail)
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I refer the Deputy to Parliamentary Question No. 150 of Thursday, 5 November 2009, and the written Reply to that Question.

As stated in my last Reply, the person concerned has submitted an application for Subsidiary Protection in the State which 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.