Jack Wall (Kildare South, Labour)
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Question 522: To ask the Minister for Justice, Equality and Law Reform the position in 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. [14834/10]

Dermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum on 17 October 2001. 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. He subsequently withdrew his appeal to 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 person concerned was informed, by letter dated 23 July 2002, 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 he should not have a Deportation Order made against him.

The person concerned, separately, made an application for permission to remain in the State under the revised arrangements for non-EEA national parents of children born in the State prior to 1 January 2005, commonly referred to as the IBC/05 Scheme. Following consideration of this application, the person concerned was informed, by letter dated 16 November 2005, that his application had been refused.

Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), the person concerned was again informed, by letter dated 31 January 2007, 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 he should not have a Deportation Order 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, his position in the State 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.