Bernard Durkan (Kildare North, Fine Gael)
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Question 117: To ask the Minister for Justice, Equality and Law Reform further to Parliamentary Question No. 100 of 18 February 2010, when he expects to have the information available in the case of a person (details supplied) in County Laois; and if he will make a statement on the matter. [16242/10]

Dermot Ahern (Louth, Fianna Fail)
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I refer the Deputy to my previous replies to his Parliamentary Questions. I am informed by the Irish Naturalisation and Immigration Service (INIS) that the person in question was the subject of a Family Reunification/Permission to Remain application made by his brother in 2003. The Family Reunification/Permission to Remain application was refused in August 2004. I am further informed by INIS that the legal representative of the person referred to by the Deputy made further representations and was informed on 13 March 2009 that as the person concerned was being interviewed by An Garda Síochána his application was being suspended pending the outcome of an investigation. A report was received from An Garda Síochána in January 2010 stating that the file is nearing completion. On receipt of the completed investigation by An Garda Síochána the application will be further considered.

Bernard Durkan (Kildare North, Fine Gael)
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Question 118: To ask the Minister for Justice, Equality and Law Reform the position regarding residency in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [16243/10]

Dermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum on 11 February 2004. 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.

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 27 February 2006, 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.

The person concerned was subsequently 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.

Bernard Durkan (Kildare North, Fine Gael)
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Question 119: To ask the Minister for Justice, Equality and Law Reform when family reunification and associated matters including a review of their file are likely to be dealt with in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [16244/10]

Dermot Ahern (Louth, Fianna Fail)
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I refer the Deputy to my previous replies to his Parliamentary Questions. I am informed by the Irish Naturalisation and Immigration Service (INIS) that a letter issued to the person referred to by the Deputy on the 20th April 2010. I am further informed by INIS that on receipt of a response from the person referred to by the Deputy the case will be considered further.

Bernard Durkan (Kildare North, Fine Gael)
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Question 120: 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 8; and if he will make a statement on the matter. [16245/10]

Dermot Ahern (Louth, Fianna Fail)
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The Judicial Review process in this case has been completed and the fact remains that this person falls under the Dublin II Regulation, (Council Regulation (EC) No. 343/2003). The Dublin II Regulation, is intended to prevent the phenomenon of 'asylum shopping' across Europe and sets out criteria for determining which Regulation State is responsible for examining an asylum application where applications have been lodged in more than one Regulation State. At the same time, it guarantees applicants that one State will process their application, thereby preventing the creation of 'refugees in orbit', a situation which had previously pertained in Europe.

The Office of the Refugee Applications Commissioner, (ORAC), in accordance with the terms of the Dublin II Regulation, determined that Belgium is responsible for examining this person's asylum application, as they had previously made an asylum application there. Belgium has accepted responsibility in this case and I intend to proceed with the transfer in question.

Bernard Durkan (Kildare North, Fine Gael)
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Question 121: 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 Louth; and if he will make a statement on the matter. [16246/10]

Dermot Ahern (Louth, Fianna Fail)
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I refer the Deputy to my detailed Reply to his earlier Parliamentary Question, No 96 of Thursday, 2 July 2009, and the written Reply to that Question.

The position in the State of the person concerned now falls to be considered for Subsidiary Protection in accordance with the European Communities (Eligibility for Protection) Regulations 2006 (S.I. No. 518 of 2006) 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.

Bernard Durkan (Kildare North, Fine Gael)
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Question 122: To ask the Minister for Justice, Equality and Law Reform the options, if any, to facilitate a review of residency entitlement in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [16247/10]

Dermot Ahern (Louth, Fianna Fail)
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I refer the Deputy to my Replies to his earlier Parliamentary Questions, Nos. 268 of Wednesday, 3 February, 2010, 198 of Thursday, 26 November, 2009 and 278 of Tuesday, 17 November, 2009, and the written Replies to those Questions.

The position in the State of the person concerned now falls to 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 case of the person concerned is one of many awaiting a decision at present, however, the Deputy can be assured that the case will be processed to finality as soon as possible.

Bernard Durkan (Kildare North, Fine Gael)
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Question 123: To ask the Minister for Justice, Equality and Law Reform the position regarding residency in the case of a person (details supplied) in County Galway; and if he will make a statement on the matter. [16248/10]

Dermot Ahern (Louth, Fianna Fail)
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The case of the person concerned was examined under 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. Consideration was given to representations submitted on her behalf by her legal representative for permission to remain in the State. On 23 September 2009, I refused permission to remain temporarily in the State and instead signed a Deportation Order in respect of her. Notice of this Order was served by registered post requiring her to present herself at the Offices of the Garda National Immigration Bureau in order to make arrangements for her removal from the State. She failed to present and was classified as evading her deportation. She should, therefore, present herself to the GNIB without any further delay.

On 13th October, 2009, the person's two children claimed asylum. The person's legal representative was notified by letter dated 21st October, 2009 that an undertaking had been given not to enforce the Deportation Order signed in respect of her until the children's asylum application had been processed.

Bernard Durkan (Kildare North, Fine Gael)
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Question 124: To ask the Minister for Justice, Equality and Law Reform the position regarding residency and citizenship in the case of a person (details supplied) in Dublin 8; and if he will make a statement on the matter. [16249/10]

Dermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum on 29 July 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.

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 26 May 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. 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 initiated Judicial Review proceedings in the High Court, challenging the decision of the Refugee Appeals Tribunal in his case. The Judicial Review proceedings were struck out on 12 June 2009 meaning that the earlier decisions of the Refugee Appeals Tribunal and the Minister stood.

The person concerned submitted an application for Subsidiary Protection in the State 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.