Arthur Morgan (Louth, Sinn Fein)
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Question 54: To ask the Minister for Justice and Law Reform when a decision will issue on an application for subsidiary protection in respect of a person (details supplied); and if he will make a statement on the matter. [4168/11]

Brendan Smith (Cavan-Monaghan, 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 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 on the basis of his marriage to an Irish National. However, following consideration of this application, a decision was made to refuse the application. This decision was conveyed in writing to the person concerned by letter dated 15 July 2003. He was again 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 applied for permission to remain in the State on the basis of his parentage of an Irish born 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 the provisions of Section 17 (7) of the Refugee Act 1996 (as amended). This application was refused and the refusal decision was notified by letter dated 28 September 2007. This communication also advised the person concerned 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.

Having due regard to the high volume of cases awaiting processing, the Deputy can be assured that the case will be processed to completion as soon as possible.

I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by Email 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.