Bernard Durkan (Kildare North, Fine Gael)
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Question 385: To ask the Minister for Justice and Law Reform the position regarding an application for residency in respect of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [31332/10]

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 18 February 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. Representations have been received from and on behalf of the person concerned.

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. His application was refused as he did not meet the Scheme's good character requirements. He was notified of this decision by letter dated 8 September, 2005.

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.

Bernard Durkan (Kildare North, Fine Gael)
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Question 386: To ask the Minister for Justice and Law Reform the position regarding an application for asylum in the case of a person (details supplied) in County Waterford; and if he will make a statement on the matter. [31333/10]

Dermot Ahern (Louth, Fianna Fail)
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If an application for asylum has been made by the person concerned the Deputy will of course be aware that it is not the practice to comment on asylum applications that are pending.

Bernard Durkan (Kildare North, Fine Gael)
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Question 387: To ask the Minister for Justice and Law Reform the position regarding an application for residency in the case of a person (details supplied) in Dublin 6; and if he will make a statement on the matter. [31334/10]

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 19 May 2008, 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. In addition, she was notified of her 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 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.

Bernard Durkan (Kildare North, Fine Gael)
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Question 388: To ask the Minister for Justice and Law Reform the position regarding an application for residency in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [31335/10]

Dermot Ahern (Louth, Fianna Fail)
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As the name of the person referred to by the Deputy does not match any name on my Department's records, it is not possible to provide the information sought at this time. However, if the Deputy wishes to re-submit his Question with the correct name and reference number included, I will be happy to provide a substantive reply.

Bernard Durkan (Kildare North, Fine Gael)
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Question 389: To ask the Minister for Justice and Law Reform the position regarding an application for residency in the case of a person (details supplied) in Dublin 8; and if he will make a statement on the matter. [31336/10]

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 their asylum claim, and a detailed examination of the representations they submitted for consideration under Section 3 of the Immigration Act 1999 (as amended).

The effect of the Deportation Order is that the person concerned must leave the State and remain thereafter out of the State. Representations were received from the person's legal representative asking that their 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.

Bernard Durkan (Kildare North, Fine Gael)
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Question 390: To ask the Minister for Justice and Law Reform the position regarding an application for residency in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [31337/10]

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 January 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. He was subsequently 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.

Bernard Durkan (Kildare North, Fine Gael)
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Question 391: To ask the Minister for Justice and Law Reform the position regarding an application for residency in the case of a person (details supplied) in Dublin 9; if he will confirm the correct reference number in this regard; and if he will make a statement on the matter. [31338/10]

Dermot Ahern (Louth, Fianna Fail)
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I have been informed by the Irish Naturalisation and Immigration Service that on the 30 October 2009 a letter was forwarded, by registered post, to the person in question requesting documentation in support of an application for permission to remain in the State. The letter was subsequently returned to the Irish Naturalisation and Immigration Service by An Post as it was not called for. A further request for documentation was made to the applicant on 6 July 2010 and officials in my Department have confirmed that all correspondence has contained the relevant reference numbers. Upon receipt of the requested documentation, the application will be considered and a decision will issue in due course.

I should point out that if the person in question has changed address since lodging her application, the onus is on her to keep the Department informed of any such change of address.