Bernard Durkan (Kildare North, Fine Gael)
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Question 501: To ask the Minister for Justice and Equality the residency status in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [18810/11]

Alan Shatter (Dublin South, Fine Gael)
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I refer the Deputy to my detailed Reply (set out beneath) to Parliamentary Question No. 144 of Wednesday, 20th April, 2011 in this matter. 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 27th March, 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 the State in accordance with the provisions of the European Communities (Eligibility for Protection) Regulations 2006 (S.I. No. 518 of 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. He has also submitted written representations for consideration under Section 3 of the Immigration Act 1999 (as amended).

The person concerned has also sought to have his case to remain in the State considered in line with the principles set out in the recent European Court of Justice Judgment in the Zambrano case. My Department will be examining all such cases in the coming weeks to see where the Zambrano criteria might apply. Where the Zambrano criteria is met, all other things being equal, permission to remain in the State will be granted, for a specified period, of a nature as will enable such persons to work in the State without an Employment Permit or to set up in any legitimate business or profession without seeking the permission of the Minister. When the case of the person concerned has been examined in this context, he will be advised of the outcome.

In the event that the application for Subsidiary Protection is refused, and if the person concerned is not found to meet the Zambrano criteria, his position in the State 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 such 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.