Bernard Durkan (Kildare North, Fine Gael)
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Question 378: To ask the Minister for Justice, Equality and Law Reform the position regarding residency in respect of a person (details supplied) in County Meath; and if he will make a statement on the matter. [3330/10]

Dermot Ahern (Louth, Fianna Fail)
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This applicant arrived in the State on the 11 February 2003 and she applied for asylum on the same date. The applicant's application for refugee status and an appeal were refused and a Deportation Order was made on 16 December, 2004. The applicant instituted Judicial Review proceedings on 1 March, 2005 challenging the Deportation Order. Prior to the case proceeding on the hearing date the 15 December 2009 both parties agreed to the striking out of the Deportation Order proceedings with No Order as to costs.

On 16 October 2006 the applicant indicated she intended to submit an application for subsidiary protection under the European Communities (Eligibility for Protection) Regulations, 2006 S.I. No 518 of 2006 ('the Regulations'). On 19 October 2006 my Department informed the applicant that the regulations are not applicable in cases where a deportation order was made before coming into operation of the regulations on 10 October 2006.

The applicant instituted Judicial Review proceedings on 9 November 2006 challenging the decision not to process an application for Subsidiary Protection. These proceedings were settled on the 4 December 2007 following the finding of Justice Feeney in the cases of Hila and Djolo that I have a discretion under Regulation 4(2) of the European Communities (Eligibility for Protection) Regulations, 2006 S.I No. 518 of 2006 to accept and consider applications for subsidiary protection from persons who do not have an automatic right to apply but who have identified new facts or circumstances which demonstrate a change of position from that which pertained at the time the deportation order was made. Following a subsequent consideration of the material submitted by the applicant, it was concluded on 18 March, 2008 that she had established no grounds which would enable me to exercise my discretion under Regulation 4(2) to consider an application for subsidiary protection from her. The applicant instituted further Judicial Review proceedings on 11 April, 2008 challenging that decision and accordingly, as the matter is sub judice, I do not propose to comment further.