Bernard Durkan (Kildare North, Fine Gael)
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Question 152: To ask the Minister for Justice, Equality and Law Reform the position regarding an application for residency and leave to remain in respect of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [22656/10]

Dermot Ahern (Louth, Fianna Fail)
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I refer the Deputy to my detailed Reply to his earlier Parliamentary Question, No. 278 of Tuesday, 17 November 2009, and the written Reply to that Question. 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.

Bernard Durkan (Kildare North, Fine Gael)
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Question 153: To ask the Minister for Justice, Equality and Law Reform the position regarding an application for residency and family reunification in respect of a person (details supplied) in County Laois; and if he will make a statement on the matter. [22657/10]

Dermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum on 12 September 2006. 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 14 February 2008, and amended letter dated 4 April 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 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.

The Deputy might wish to note that there is no record in my Department of an application in respect of the brother of the person concerned, either for residency or under family reunification. The Deputy might also wish to note that the current position in the State of the person concerned is not such as would enable him to make an application for family reunification for his brother, or indeed any other member of his family. Access to family reunification is confined to persons recognised as refugees or with subsidiary protection status.

Bernard Durkan (Kildare North, Fine Gael)
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Question 154: To ask the Minister for Justice, Equality and Law Reform the position regarding an application for residency and family reunification in respect of a person (details supplied) in County Laois; and if he will make a statement on the matter. [22658/10]

Dermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum on 25 March 2009. 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 25 January 2010, 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.

The Deputy might wish to note that the current position in the State of the person concerned is not such as would enable her to make an application for family reunification for her sister, or indeed any other member of her family. Access to family reunification is confined to persons recognised as refugees or with subsidiary protection status.

Bernard Durkan (Kildare North, Fine Gael)
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Question 155: To ask the Minister for Justice, Equality and Law Reform the position regarding an application for leave to remain and extended residency in the case of a person (details supplied) in Dublin 22; and if he will make a statement on the matter. [22659/10]

Dermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum on 14 August 2006. 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 28 December 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 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 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 156: To ask the Minister for Justice, Equality and Law Reform the position regarding an application for leave to remain and extended residency in the case of a person (details supplied) in Dublin 22; and if he will make a statement on the matter. [22660/10]

Dermot Ahern (Louth, Fianna Fail)
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I refer the Deputy to my detailed Reply to his earlier Parliamentary Question, No 295 of Tuesday, 17 November 2009, and the written Reply to that Question. 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 157: To ask the Minister for Justice, Equality and Law Reform the progress to date in the assessment of application for extended residency in the case of a person (details supplied) in Dublin 7; and if he will make a statement on the matter. [22661/10]

Dermot Ahern (Louth, Fianna Fail)
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I refer the Deputy to my detailed Reply to his earlier Parliamentary Question, No 545 of Tuesday, 20 April 2010, in this matter. The position in the State of the person concerned is as set out in that Reply.