Bernard Durkan (Kildare North, Fine Gael)
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Question 126: To ask the Minister for Justice, Equality and Law Reform the position regarding a residency application in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [16251/10]

Dermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum on 15 March 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 13 November 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 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 127: To ask the Minister for Justice, Equality and Law Reform the progress made in the case of an application for family reunification in respect of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [16252/10]

Dermot Ahern (Louth, Fianna Fail)
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I am informed by the Irish Naturalisation and Immigration Service (INIS) that a letter issued to the legal representative of the person referred to by the Deputy on 2nd February 2010 and that to date the documentation requested has not been received. I am further informed by INIS that a letter issued to the legal representative on 20th April 2010 and on receipt of a response from the legal representative of the person referred to by the Deputy his Family Reunification application will be further processed.