Bernard Durkan (Kildare North, Fine Gael)
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Question 159: To ask the Minister for Justice and Equality the procedures to be followed in respect of an application for residency in the case of a person (details supplied) in County Galway; and if he will make a statement on the matter. [30471/11]

Alan Shatter (Dublin South, Fine Gael)
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The person concerned arrived in the State on 24th January, 2008 and applied for asylum. His application was refused following the consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, 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 12th February, 2010, that it was 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 submitting written representations setting out reasons why he should not be deported. He was also advised of his entitlement to submit an application 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 and also submitted representations pursuant to Section 3 of the Immigration Act 1999 (as amended).

Following the consideration of his application for Subsidiary Protection, a decision was taken that the person concerned was not eligible for Subsidiary Protection. This position was notified to the person concerned by letter dated 12th October, 2010.

The case of the person concerned was then considered under 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 before a Deportation Order was made in respect of him on 20th October, 2010. This Order was served by registered post dated 2nd November, 2010.

The person concerned remains the subject of a Deportation Order. As a result, the person concerned is legally obliged to comply with any reporting requirements placed on him by the Garda National Immigration Bureau. The effect of a Deportation Order is that the person named on the Order must leave the State and remain thereafter out of the State.

The Deputy will appreciate that in light of the above clarification the person concerned could not be deemed to have an outstanding application for residency.

I should 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.