Bernard Durkan (Kildare North, Fine Gael)
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Question 135: To ask the Minister for Justice and Equality the extent of consideration that he has given to the appeal in respect of the issue of Stamp 4 residency status in the case of a person (details supplied) in County Carlow; and if he will make a statement on the matter. [28133/11]

Alan Shatter (Dublin South, Fine Gael)
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The person concerned, a failed asylum applicant, applied to remain in the State on the basis of his marriage to an EU citizen. This application was approved, for an initial one year period, on 13th September, 2006. An application from the person concerned to have this permission to remain renewed was refused on the basis that the person concerned was no longer residing with his EU citizen spouse and consequently his entitlement to be in the State pursuant to the exercise of EU Treaty rights had ended. The decision to refuse to renew his permission to remain in the State based on marriage to an EU citizen was upheld following an internal review of that decision and the outcome of this comprehensive review was notified to the person concerned by letter dated 4th March, 2010.

Arising from the refusal of the internal review of the decision to refuse to renew his permission to remain based on marriage to an EU citizen, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 12th August, 2010, that the then 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. He was also notified of his entitlement to apply for Subsidiary Protection in accordance with the provisions of the European Communities (Eligibility for Protection) Regulations 2006.

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 a final decision is made. 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 136: To ask the Minister for Justice and Equality the position regarding the determination of residency in the case of a person (details supplied) in County Waterford; and if he will make a statement on the matter. [28134/11]

Alan Shatter (Dublin South, Fine Gael)
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The person concerned is a failed asylum applicant. 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 22nd September, 2009, that the then Minister proposed to make a Deportation Order in respect of her. She 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 her. In addition, she was notified of her entitlement to apply for Subsidiary Protection in accordance with the provisions of 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 a final decision is made. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.

It is noted that the address supplied in the Deputy's Question does not match the address currently on record in my Department. If, as it appears, the person concerned has changed address, she is legally obliged to communicate such an address change to my Department.

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 137: To ask the Minister for Justice and Equality further to Parliamentary Question No. 135 of 15 September 2011, if a person (details supplied) in County Kildare can apply for long-term residency in their own right; and if he will make a statement on the matter. [28135/11]

Alan Shatter (Dublin South, Fine Gael)
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I refer the Deputy to my reply to Parliamentary Question Number 135 of 15th September 2011. The position remains as stated.

If the person concerned wishes to apply for Long Term Residency in her own right, a prospective employer must first obtain a work permit for her and she must accumulate five successive work permits. The issuing of work permits is the responsibility of the Department of Jobs, Enterprise and Innovation, Davitt House, Adelaide Road, Dublin 2. Further information is available at www.deti.ie.

I should remind the Deputy that queries in relation to the status of individual immigration cases may be made direct 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.