Michael D Higgins (Galway West, Labour)
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Question 343: To ask the Minister for Justice, Equality and Law Reform the position regarding an application in respect of a person (details supplied). [27713/10]

Dermot Ahern (Louth, Fianna Fail)
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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 December 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 accordance with the European Communities (Eligibility for Protection) Regulations 2006. To date no representations have been received from or on behalf of the person concerned.

The position in the State of the person concerned will now 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. Any 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.

Michael D Higgins (Galway West, Labour)
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Question 344: To ask the Minister for Justice, Equality and Law Reform the position regarding an application in respect of persons (details supplied). [27714/10]

Dermot Ahern (Louth, Fianna Fail)
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The first and second named persons are a husband and wife. They lodged separate asylum applications on 30 August 2006. Their daughter, the third named person, was included as a child dependant in her mother's asylum application.

Arising from the refusal of their respective asylum applications, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), they were notified, by separate letters dated 21 June 2007, that the Minister proposed to make Deportation Orders in respect of them and their daughter. They were each 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 them and their daughter. In addition, they were notified of their respective entitlements to apply for Subsidiary Protection in accordance with the European Communities (Eligibility for Protection) Regulations 2006.

The persons concerned submitted individual applications for Subsidiary Protection and these applications will be considered first. When consideration of these applications has been completed, the persons concerned will be notified in writing of the outcomes.

In the event that the applications for Subsidiary Protection are refused, the position in the State of the persons 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 files are passed to me for decision. Once decisions have been made, these decisions and the consequences of the decisions will be conveyed in writing to the persons concerned.

The fourth named person is the son of the first and second named persons. He has made a separate application for asylum. It is not the practice to comment on individual asylum applications where a final decision has not been made.

Michael D Higgins (Galway West, Labour)
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Question 345: To ask the Minister for Justice, Equality and Law Reform the position regarding an application in respect of a person (details supplied). [27715/10]

Dermot Ahern (Louth, Fianna Fail)
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Arising from the expiration of his permission to remain in the State on student conditions, 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 November 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. Representations were received on behalf of the person concerned.

The position in the State of the person concerned will now 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.

Michael D Higgins (Galway West, Labour)
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Question 346: To ask the Minister for Justice, Equality and Law Reform the position regarding an application in respect of a person (details supplied). [27716/10]

Dermot Ahern (Louth, Fianna Fail)
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As the name of the person referred to by the Deputy does not match the reference number supplied, it is not possible to definitively identify the person to whom the Deputy is referring in his Question. However, if the Deputy wishes to re-submit his Question with the correct details included, I will be happy to provide a substantive reply.

Michael D Higgins (Galway West, Labour)
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Question 347: To ask the Minister for Justice, Equality and Law Reform the position regarding an application in respect of a person (details supplied). [27717/10]

Dermot Ahern (Louth, Fianna Fail)
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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 13 April 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 accordance with the European Communities (Eligibility for Protection) Regulations 2006.

The person concerned submitted an application for Subsidiary Protection and this application will be considered first. 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.

Michael D Higgins (Galway West, Labour)
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Question 348: To ask the Minister for Justice, Equality and Law Reform the position regarding an application in respect of a person (details supplied). [27718/10]

Dermot Ahern (Louth, Fianna Fail)
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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 12 November 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 accordance with the European Communities (Eligibility for Protection) Regulations 2006.

The person concerned submitted an application for Subsidiary Protection and this application will be considered first. 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 the person concerned also applied for, and was refused, a "Residence Card of a family member of a Union citizen" in accordance with the European Communities (Free Movement of Persons) (No. 2) Regulations 2006 as he did not fulfil the conditions set out in the relevant Directive and Regulations. A review of this decision was requested on behalf of the person concerned and following this review, the earlier decision was upheld and the person concerned was notified in writing to this effect on 17 August 2009.