Brendan Smith (Cavan-Monaghan, Fianna Fail)
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The person concerned arrived in the State on 28 July 2000 on foot of a D Visa and was subsequently granted permission to remain in the State until 4 September 2009. The person concerned has remained unlawfully in the State since that date.

Consequently, in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 13 September 2010, 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. Representations have been received on behalf of the person concerned.

The position in the State of the person concerned will now 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, including those of a medical nature, 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.

The Deputy might wish to note that my Department wrote to the legal representative of the person concerned on 12 October 2010 seeking certain clarifications in relation to him. As the substantive issues raised in that letter have not been adequately addressed, my Department again wrote to that legal representative on 5 January 2011. However, as of yet, the required clarifications have not been received.

It is noted that the address supplied in the Deputy's Question for the person concerned does not match the address currently on record in my Department. If, as it appears, the person concerned has changed address, he is legally obliged to communicate such an address change to my Department. In any event, the position in the State of the person concerned will be considered further upon receipt of a substantive response to my Department's letter dated 5 January 2011.

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.