Bernard Durkan (Kildare North, Fine Gael)
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Question 677: To ask the Minister for Justice and Equality the position regarding a residency application in respect of a person (details supplied) in County Louth; and if he will make a statement on the matter. [23641/11]

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 15 October 2010, 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 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.

Bernard Durkan (Kildare North, Fine Gael)
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Question 678: To ask the Minister for Justice and Equality the position regarding a residency application in respect of a person (details supplied) in County Waterford; and if he will make a statement on the matter. [23642/11]

Alan Shatter (Dublin South, Fine Gael)
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The person concerned applied for asylum on 29 June 2005. His asylum application was refused by the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal. 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 10 November 2006, of the proposal to make a Deportation Order in respect of him. He was given the option of making representations as to why a Deportation Order should not be made against him. The representations made by the person concerned were considered under Section 3 of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) and a Deportation Order was made in respect of the person concerned on 1 September 2010. Judicial Review proceedings were initiated in the High Court on 14 October 2010, challenging the decision to make a Deportation Order in respect of the person concerned. These proceedings are ongoing and, as such, it would not be appropriate for me to comment further at this time. I remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by e-mail 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.