John Lyons (Dublin North West, Labour)
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Question 371: To ask the Minister for Justice and Equality the position regarding a residency application in respect of a person (details supplied) in Dublin 9. [24555/11]

Alan Shatter (Dublin South, Fine Gael)
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On 2nd March, 2011, the person concerned, through his legal representative, made an application for the renewal of his permission to remain in the State on the basis of his marriage to an Irish national. Following consideration of this application, the person concerned was informed, by letter dated 28th July, 2011, that his application was refused for reasons set out in that letter. That letter also informed the person concerned that, in accordance with Section 3 of the Immigration Act 1999 (as amended), 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 he should not have a Deportation Order made against him.

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 his case.

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.