Brian O'Shea (Waterford, Labour)
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Question 161: To ask the Minister for Justice, Equality and Law Reform the position regarding an application for leave to remain in the State in respect of a person (details supplied); and if he will make a statement on the matter. [26070/10]

Dermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum on 5 October 2005. In accordance with Section 9 of the Refugee Act 1996 (as amended), he 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 November 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. 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.

Brian O'Shea (Waterford, Labour)
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Question 162: To ask the Minister for Justice, Equality and Law Reform the position regarding an application for residency in respect of a person (details supplied) in County Waterford; and if he will make a statement on the matter. [26086/10]

Dermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum on 15 June 2007. In accordance with Section 9 of the Refugee Act 1996 (as amended), he 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 September 2009, 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.

Brian O'Shea (Waterford, Labour)
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Question 163: To ask the Minister for Justice, Equality and Law Reform the position regarding an application for residency in respect of a person (details supplied) in County Waterford; and if he will make a statement on the matter. [26087/10]

Dermot Ahern (Louth, Fianna Fail)
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The person concerned is the subject of a Deportation Order following a comprehensive and thorough examination of his asylum claim and of his application to remain temporarily in the State.

Representations were received from the person's legal representative asking that his Deportation Order be revoked, in accordance with the provisions of Section 3(11) of the Immigration Act, 1999 (as amended). This application is under consideration at present. When a decision has been made on that application, that decision, and the consequences of that decision, will be conveyed in writing to the person concerned.

Brian O'Shea (Waterford, Labour)
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Question 164: To ask the Minister for Justice, Equality and Law Reform if he will return the documents sent by persons (details supplied) in County Waterford regarding their residency application of one of the spouses; and if he will make a statement on the matter. [26089/10]

Dermot Ahern (Louth, Fianna Fail)
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I am informed by the Irish Naturalisation and Immigration Service (INIS) that all original documents that were on file have been returned to the person concerned.