Michael D Higgins (Galway West, Labour)
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Question 376: To ask the Minister for Justice, Equality and Law Reform the position regarding an application by a person (details supplied). [28184/10]

Dermot Ahern (Louth, Fianna Fail)
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Following the refusal of his application for asylum, and the refusal of his subsequent application for permission to remain in the State under the IBC/05 Scheme, 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.

Michael D Higgins (Galway West, Labour)
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Question 377: To ask the Minister for Justice, Equality and Law Reform the position regarding an application by a person (details supplied). [28185/10]

Dermot Ahern (Louth, Fianna Fail)
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Following the expiration of her permission to remain in the State, 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 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. 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 378: To ask the Minister for Justice, Equality and Law Reform the position regarding an application by a person (details supplied). [28186/10]

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 first named person concerned was notified, by letter dated 8 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 accordance with the European Communities (Eligibility for Protection) Regulations 2006.

The first named person concerned submitted an application for Subsidiary Protection and this application will be considered first. When consideration of this application has been completed, the first named 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 first named 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. 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 first named person concerned.

An application for asylum has been made by the second named person concerned. It is not the practice to comment on individual asylum applications which are pending.