Arthur Morgan (Louth, Sinn Fein)
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Question 215: To ask the Minister for Justice and Law Reform when a decision will issue in respect of a person (details supplied) in County Louth; and if he will make a statement on the matter. [30351/10]

Dermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum on 6 October 2000. 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.

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 24 January 2002, 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.

The person concerned submitted an application for permission to remain in the State based on his Marriage to an Irish National. His application was refused and he was advised, by letter dated 15 July 2003, that the provisions of Section 3 of the Immigration Act 1999 (as amended) applied to his case.

The person concerned applied for permission to remain in the State on the basis of being a parent of an Irish citizen child, born before 1 January 2005, in accordance with the revised arrangements announced by the then Minister on 15 January 2005, commonly referred to as the IBC/05 scheme. The application of the person concerned was refused on the basis that he did not satisfy the Scheme's continuous residency requirements. He was notified of this decision by letter dated 26 July 2005.

On 12 September 2007 the person concerned made an application for re-admission to the asylum process under Section 17 (7) of the Refugee Act 1996 (as amended). This application was refused and he was notified of this refusal decision by letter dated 28 September 2007. This communication also advised him 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.