Bernard Durkan (Kildare North, Fine Gael)
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Question 264: To ask the Minister for Justice and Equality the position regarding the residency status of a person (details supplied) in Dublin 12; and if he will make a statement on the matter. [12380/11]

Alan Shatter (Dublin South, Fine Gael)
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The person concerned applied for asylum on 3 August 2004. The Refugee Applications Commissioner refused her a declaration of refugee status. This decision was subsequently affirmed by the Refugee Appeals Tribunal. Following an examination of the file under section 3 of the Immigration Act, 1999 and section 5 of the Refugee Act, 1996 the Minister decided to sign a Deportation Order in respect of the person concerned on 20 April 2005. As the person concerned instituted Judicial Review proceedings on 10 May 2010 challenging the Deportation Order made in respect of her I do not propose to comment further as the matter is now sub judice.

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.

Bernard Durkan (Kildare North, Fine Gael)
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Question 265: To ask the Minister for Justice and Equality the position regarding the residency status of a person (details supplied) in Dublin 1; and if he will make a statement on the matter. [12381/11]

Alan Shatter (Dublin South, Fine Gael)
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Arising from the refusal of his asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 25th May, 2005, 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.

On 18th July, 2006, a formal "take back" request was received from the United Kingdom (UK) in respect of the person concerned in accordance with Article 16(1)(e) of Council Regulation (EC) 343 of 2003. This request was made because the person concerned had made an application for asylum in the UK. This request was accepted by Ireland and arrangements were made for his return from the UK to Ireland on 18th August, 2006. On 23rd June, 2008, a second formal "take back" request was received from the UK in respect of the person concerned in accordance with Article 16(1)(e) of Council Regulation (EC) 343 of 2003, on the basis that he was in the UK without permission. This request was again accepted by Ireland. However, the person concerned arrived back in Ireland before formal arrangements were made for his return from the UK.

The person concerned has submitted an application for Subsidiary Protection. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome. In the event that the application for Subsidiary Protection is refused, the position in the State of the person concerned will then 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.

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.