Bernard Durkan (Kildare North, Fine Gael)
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Question 103: To ask the Minister for Justice, Equality and Law Reform the position regarding an application for residency and request for self-catering accommodation in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [24048/10]

Dermot Ahern (Louth, Fianna Fail)
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In respect of the first part of the question, the person concerned applied for asylum on 26 November 2004. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.

Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), the person concerned was informed, by letter dated 25 August 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 he should not have a Deportation Order made against him. Representations were submitted on behalf of the person concerned at that time.

The person concerned initiated Judicial Review Proceedings in the High Court, challenging the decision of the Refugee Appeals Tribunal in his case. The High Court refused the Judicial Review Leave Application with the consequence that the earlier decisions of the Refugee Appeals Tribunal and the Minister stood.

By letter dated 21 January 2009, the person concerned was notified of his entitlement to submit an application for Subsidiary Protection in the State. He was also invited to update his earlier representations to the Minister. Updated representations were submitted on behalf of the person concerned as was an application for Subsidiary Protection in the State. The application for Subsidiary Protection is under consideration at present. When this consideration has been completed, the person concerned will be notified in writing of the outcome.

In respect of the second part of the question, the Reception and Integration Agency (RIA) is responsible for the accommodation of asylum seekers in accordance with the Government policy of direct provision. In addition to direct provision accommodation, the RIA has a very small number of self-catering units which are designated solely for serious medical and special needs cases. The person referred to in the question has not written to RIA requesting a transfer to self-catering accommodation nor have any medical or other documents been provided to RIA which would merit an examination of his accommodation provision on the basis of any medical or special need.