Bernard Durkan (Kildare North, Fine Gael)
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Question 76: To ask the Minister for Justice and Equality the correct status in the case of a person (details supplied) in County Mayo who originally had permission to remain in the State; if this permission has been affected by subsequent travels; and if he will make a statement on the matter. [13097/11]

Alan Shatter (Dublin South, Fine Gael)
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The person concerned was approved under the IBC/05 Scheme which resulted in her being granted permission to remain in the State for a two year period, valid to 7th October, 2007. A request for the renewal of this permission to remain was refused as the person concerned was not living continuously in the State.

Arising from the refusal of her application for the renewal of her permission to remain in the State, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 23rd June, 2010, that the Minister proposed to make a Deportation Order in respect of her. She 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 her.

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 Zambrano case may have on her case. The Deputy might wish to note that a representative of my Department wrote to the legal representative of the person concerned on 24th May, 2011 to advise of the documentation and information that must submitted before the case of the person concerned can be considered under the terms of the Zambrano Judgment. Upon receipt of the requested documentation and information, the matter can be considered further.

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.