The first named person concerned applied for asylum on 23 November 2005. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal.
Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), the first named person concerned was informed, by letter dated 22 November 2007, 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 he should be allowed to remain temporarily in the State. Representations have been received from the first named person concerned.
The first named person concerned has also submitted an application for Subsidiary Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations, 2006 (S.I. No. 518 of 2006) and this application is under consideration at present. When consideration of this application has been completed, the first named person concerned will be notified in writing of the outcome.
In the event that the Subsidiary Protection application is refused, the case file of the first named person concerned, including all representations submitted, will then be considered under 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. When this latter consideration has been completed the case file of the first named person concerned is passed to me for decision.
The Deputy might wish to note that, separately, the first named person concerned applied for permission to remain in the State on the basis of his being the parent of an Irish citizen child, born in the State before 1 January 2005, in accordance with the provisions of the IBC/05 Scheme. However, as this application was received on 22 December 2005, long after the Scheme's 31 March 2005 closing date, the application was refused. The first named person concerned was notified of this refusal decision by letter dated 9 January 2006.
The second named person concerned has been granted Leave to Remain in the State for a three year period to 12 August 2011. This decision was conveyed in writing to the second named person concerned by letter dated 12 August 2008.