Beverley Flynn (Mayo, Fianna Fail)
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Question 205: To ask the Minister for Justice, Equality and Law Reform when a decision will issue on a visa application in respect of a person (details supplied) in Dublin 7. [28801/10]

Dermot Ahern (Louth, Fianna Fail)
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I have been informed by the Irish Naturalisation and Immigration Service that the application from the person referred to by the Deputy was received in my Department on 19th September 2008. A decision was reached in relation to the application and was communicated in writing to the person concerned on 5th March 2010. This correspondence was then returned to my Department undelivered. The decision was reissued on 29 July 2010 to the applicant

John McGuinness (Carlow-Kilkenny, Fianna Fail)
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Question 206: To ask the Minister for Justice, Equality and Law Reform if permission to remain in the State will be granted in respect of a person (details supplied) in County Kilkenny; and the timeframe for a decision on same. [28808/10]

Dermot Ahern (Louth, Fianna Fail)
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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 7 February 2005, 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 person concerned initiated Judicial Review proceedings in the High Court, challenging the decision of the Refugee Appeals Tribunal in her case. The Judicial Review proceedings were struck out meaning that the earlier decisions of the Refugee Appeals Tribunal and the Minister stood.

The daughter of the person concerned made an application, on her behalf, for permission to remain in the State on the basis of Family Reunification. This application was refused because the person concerned did not qualify as a dependant under Section 18(4)(b) of the Refugee Act 1996 (as amended).

On the 5 May 2010, an application for Subsidiary Protection was submitted on behalf of the person concerned 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.