Bernard Durkan (Kildare North, Fine Gael)
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Question 546: To ask the Minister for Justice and Law Reform the grounds on which a motoring offence is considered sufficient grounds for deportation in the case of a person (details supplied) in County Kildare who has legally worked in this jurisdiction for the past eight years; if such a decision is in accord with national and EU agreements; and if he will make a statement on the matter. [48500/10]

Dermot Ahern (Louth, Fianna Fail)
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The Deputy might wish to note that the motoring offence in question was that of drunken driving which, upon conviction at District Court level, gave rise to a financial penalty and a three year disqualification from driving.

In relation to the immigration status of the person concerned, he had worked in this State for a number of years on foot of employment permits, the last of which lapsed on 24th February 2009. His application for Long Term Residency, made on 7th March, 2008, was refused, a decision conveyed in writing to him by letter dated 9th September, 2009.

Arising from the refusal of his Long Term Residency application, and given that the person concerned had no other valid basis to remain in the State, he was notified, by letter dated 18th May, 2010, of the proposal to make a Deportation Order in respect of him, in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended). 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.

Representations have been submitted on behalf of the person concerned and these representations will be fully 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, before a final decision is taken.

In assessing any such case, my Department must have regard for the following factors which are set out in Section 3 (6) of the Immigration Act, 1999 (as amended):

(a) the age of the person,

(b) the duration of residence in the State of the person,

(c) the family and domestic circumstances of the person,

(d) the nature of the person's connection with the State, if any,

(e) the employment (including self-employment) record of the

person,

(f) the employment (including self-employment) prospects of the

person,

(g) the character and conduct of the person both within and

(where relevant and ascertainable) outside the State (including

any criminal convictions),

(h) humanitarian considerations,

(i) any representations duly made by or on behalf of the person,

(j) the common good and

(k) considerations of national security and public policy.

Consideration must also be given to the relevant person's rights to private and family life as provided for under Article 8 of the European Convention on Human Rights.

When this overall consideration has been completed, the case is submitted 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.

The primary legislation in this area is the Immigration Act 1999 (as amended). However, as outlined above, due regard must also be given to a person's rights vis a vis the European Convention on Human Rights.

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.