Denis Naughten (Longford-Roscommon, Fine Gael)
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Question 421: To ask the Minister for Justice, Equality and Law Reform the reason a person (details supplied) in County Leitrim has been issued with a deportation order; if he will review this decision in view of the fact that they are married to an Irish national; and if he will make a statement on the matter. [19331/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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The person in question was granted permission to remain in the State based solely on marriage to an Irish national on 4 November 2002. Such residency is conditional on the non EU national residing in the same household in a family unit with the Irish national spouse. It has come to the attention of the Immigration Division of my Department that the person in question is no longer residing with his Irish national spouse as part of a family unit. The person concerned was given an opportunity to make representations on the change in his circumstances and following a full consideration of all the facts of the case it was decided to revoke the permission granted solely on the basis of marriage to an Irish national.

As he has no other separate basis on which residency can be considered, a notification of proposal to deport from the State under Section 3 of the Immigration Act 1999 issued on 9 May 2006. It is open to the person in question, within 15 working days of the date of that letter, to make representations as to why he should not be deported from the State. If, in the light of representations received and the range of factors set out in section 3(6) of the Immigration Act 1999, the Minister decides not to make a deportation order, he will be given leave to remain on a humanitarian basis.