Bernard Durkan (Kildare North, Fine Gael)
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Question 100: 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 Waterford; if new information supporting the case has been received; and if he will make a statement on the matter. [4416/10]

Dermot Ahern (Louth, Fianna Fail)
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The Deputy will be aware, from previous Dáil replies in this matter, that the person concerned is awaiting deportation following a comprehensive examination of his asylum claim and of his application to remain temporarily in the State.

As stated in a previously, Section 3 (11) of the Immigration Act, 1999, as amended, provides the Minister with a power to amend or revoke a Deportation Order. An application seeking to revoke a Deportation Order must set out any new facts or circumstances which have arisen since the original decision to deport was made. Any such application submitted would be considered on its merits, having due regard to all refoulement issues, and following such consideration a decision would be taken to either affirm or revoke the Order. No representations have been received to date in this regard.

The enforcement of the Deportation Order in this case remains an operational matter for the GNIB.

Bernard Durkan (Kildare North, Fine Gael)
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Question 101: 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 Dublin 7; and if he will make a statement on the matter. [4417/10]

Dermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum on 1 December 1999. 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 then Asylum Division of the Department of Justice, Equality and Law Reform. The person concerned appealed this decision to the then Asylum Appeals Unit of the Department but this appeal was subsequently deemed to be abandoned. Consequently, the earlier decision of the Asylum Division 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 9 November 2000, 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. Representations were submitted on behalf of the person concerned at that time.

By letter dated 22 January 2010, the person concerned 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). This communication also reminded him of the other options open to him under Section 3 of the Immigration Act 1999 (as amended). He was advised of the requirement that he respond within 15 working days.

The 15 working day period referred to in my Department's letter of 22 January 2010 expires on 15 February 2010. It is open to the person concerned to apply for Subsidiary Protection in the State within that period and/or to update his earlier representations. In any event, the case of the person concerned will not be further processed until the 15 working day period referred to has elapsed.

Bernard Durkan (Kildare North, Fine Gael)
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Question 102: To ask the Minister for Justice, Equality and Law Reform the position regarding residency status in the case of a person (details supplied) in County Meath; the nature and detail of examination of this case; and if he will make a statement on the matter. [4418/10]

Dermot Ahern (Louth, Fianna Fail)
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I refer the Deputy to my detailed reply to Dail question number 633 of 19th January, 2010.

The position remains unchanged.

The person continues to meet the presentation requirements of the Garda National Immigration Bureau (GNIB) in accordance with Section 8(1)(b) of the Immigration Act 1999, as amended. She last presented on 19th January, 2010 and is due to present again on 29th January, 2010.

The effect of the Deportation Order is that the person concerned must leave the State and remain thereafter out of the State. The enforcement of the Deportation Order is an operational matter for the GNIB.