Bernard Durkan (Kildare North, Fine Gael)
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Question 82: To ask the Minister for Justice and Equality the current or expected position in the matter of determination of residency in the case of a person (details supplied) in County Louth; if he is satisfied that all due process was observed at every stage throughout the adjudication of the application; if he will review the case; and if he will make a statement on the matter. [13208/11]

Alan Shatter (Dublin South, Fine Gael)
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Arising from the refusal of her 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 15th June, 2005, that the Minister proposed to make Deportation Orders in respect of her, her daughter and her nephew. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of Deportation Orders or of making representations to the Minister setting out the reasons why Deportation Orders should not be made against her and the children. Representations were received on behalf of the person concerned at that time.

The person concerned subsequently submitted an application for Subsidiary Protection in accordance with the European Communities (Eligibility for Protection) Regulations 2006.

The person concerned initiated judicial review proceedings in the High Court, challenging the decision of the Refugee Appeals Tribunal in her case. Following the refusal of the judicial review proceedings, the earlier decisions of the Refugee Appeals Tribunal and the Minister stood.

The legal representative of the person concerned was subsequently advised that as the daughter and nephew of the person concerned had reached the age of 18, their cases would be considered as individuals and, as such, they were advised of their respective entitlements to submit representations and/or applications for Subsidiary Protection in their own right.

The application for Subsidiary Protection submitted by the person concerned will be considered next and a decision notified. 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.

The Deputy can be assured that the procedures followed and to be followed in the case of the person concerned are as set out in the relevant asylum and immigration legislation and take account of the State's international obligations in this area. As such, I am satisfied that all determinations and decisions made in the context of the person concerned have been arrived at in the appropriate manner.

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.