Bernard Durkan (Kildare North, Fine Gael)
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To ask the Minister for Justice and Equality the current and or expected position in the matter of determination of residency in the case of a person (details supplied) in County Cork; and if he will make a statement on the matter. [39978/12]

Alan Shatter (Dublin South, Fine Gael)
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There is currently no application pending in my Department for residency in the case of the person whose details were supplied. 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. Applications for refugee status in the State are determined by an independent process comprising the Office of the Refugee Applications Commissioner and the Refugee Appeals Tribunal which make recommendations to the Minister on whether such status should be granted. All applications for refugee status are considered on their individual merits on a case by case basis having regard to the subjective and objective elements of the claim.