Bernard Durkan (Kildare North, Fine Gael)
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Question 368: To ask the Minister for Justice and Law Reform if leave to remain here on compassionate and health grounds will be granted in the case of a person (details supplied) in Dublin 8; and if he will make a statement on the matter. [39180/10]

Dermot Ahern (Louth, Fianna Fail)
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I am informed by the Irish Naturalisation and Immigration Service (INIS) that the person referred to by the Deputy has no application pending for residency. The person concerned is the subject of a Deportation Order, signed on 23 September 2009, following a comprehensive and thorough examination of her asylum claim and her application for subsidiary protection, and a detailed examination of the representations she 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. The enforcement of the Deportation Order is an operational matter for the Garda National Immigration Bureau.

I should remind the Deputy that queries in relation to the status of individual Immigration cases may be made direct to INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

Bernard Durkan (Kildare North, Fine Gael)
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Question 369: To ask the Minister for Justice and Law Reform the position regarding an application for leave to remain in the case of a person (details supplied) in Dublin 8; and if he will make a statement on the matter. [39181/10]

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 17th July, 2007, 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 accordance with the European Communities (Eligibility for Protection) Regulations 2006.

The person concerned initiated Judicial Review Proceedings in the High Court, challenging the decision of the Refugee Appeals Tribunal in her case. On the 3rd April, 2009, the High Court refused the Judicial Review Leave Application with the consequence that the earlier decisions of the Refugee Appeals Tribunal and the Minister stood.

Subsequently, an application was made on behalf of the person concerned, seeking to have her re-admitted to the asylum process in accordance with the provisions of Section 17 (7) of the Refugee Act 1996 (as amended). Following consideration of this application, a decision was taken to refuse the application and this decision was notified by letter dated 26th June, 2009.

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.

I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

Bernard Durkan (Kildare North, Fine Gael)
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Question 370: To ask the Minister for Justice and Law Reform the position regarding an asylum application in the case of a person (details supplied) in County Longford; and if he will make a statement on the matter. [39182/10]

Dermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum in this State on 19th August, 2008. His asylum claim was investigated by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal, both of whom concluded that the person concerned did not meet the criteria for recognition as a refugee.

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 25 May 2010, 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. 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.

I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.