Bernard Durkan (Kildare North, Fine Gael)
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Question 84: To ask the Minister for Justice and Equality the current or expected position regarding residency in the case of a person (details supplied) in County Waterford, a verified victim of torture; if the procedure to date in this case is in accordance with due process and natural justice; and if he will make a statement on the matter. [13210/11]

Alan Shatter (Dublin South, Fine Gael)
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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.

I refer the Deputy to my detailed reply (see below) to his recent Parliamentary Question, No. 117 of Thursday, 12th May, 2011. The position is unchanged since then.

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 24th August, 2009, 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. In addition, he was notified of his entitlement to apply for Subsidiary Protection in accordance with the European Communities (Eligibility for Protection) Regulations 2006.

The person concerned 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, including any reports prepared on this case by the Centre for the Care of Survivors of Torture, 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.