Jack Wall (Kildare South, Labour)
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Question 392: To ask the Minister for Justice and Equality if a person (details supplied) in County Kildare may seek employment in view of their family's circumstances; and if he will make a statement on the matter. [11414/11]

Alan Shatter (Dublin South, Fine Gael)
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I refer the Deputy to my detailed reply (set out beneath) to his earlier Parliamentary Question, No. 73 of Thursday, 31st March, 2011, in this matter. The position is unchanged since then. However, the Deputy might wish to note that a representative of my Department's Repatriation Division wrote to the person concerned on 6th May, 2011 to advise him of the documentation and information which must be submitted in support of any case to remain in the State in accordance with the principles set out in the recent Zambrano Judgment.

The person concerned was granted permission to remain in the State on 17th September, 2001, for an initial twelve month period, on the basis of his parentage of an Irish citizen child. This permission was renewed on a number of occasions, most recently to 17th September, 2009.

Arising from the conviction of the person concerned in the United Kingdom, for an immigration related offence, which resulted in a custodial sentence being handed down in that jurisdiction, allied to the fact that he was no longer living as part of a family unit with his Irish citizen child, the person concerned was notified, by letter dated 28th October, 2009, that, in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), 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 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.

In advance of a final decision being made, the case of the person concerned will be examined to determine what, if any, impact the recent European Court of Justice Judgment in the Belgian Zambrano case may have on his case.

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.