Bernard Durkan (Kildare North, Fine Gael)
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Question 217: To ask the Minister for Justice and Equality if he will review the case for subsidiary protection in the case of a person (details supplied) in County Kildare in view of the fact that they have established strong links with the local community, are strongly supported by the local church; and if he will make a statement on the matter. [30717/11]

Alan Shatter (Dublin South, Fine Gael)
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The persons concerned are a husband and wife who entered the State on 10th September, 2004 and lodged separate asylum applications on 17th May, 2006. Their asylum applications were considered by the Office of the Refugee Applications Commissioner and the Refugee Appeals Tribunal, both of whom concluded that the persons concerned did not meet the criteria for recognition as refugees.

Arising from the refusal of their respective asylum applications, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the persons concerned were notified, by separate letters dated 7th March, 2011, that the Minister proposed to make Deportation Orders in respect of them. They were each 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 them. In addition, they were notified of their respective entitlements to apply for Subsidiary Protection in accordance with the provisions of the European Communities (Eligibility for Protection) Regulations 2006.

The persons concerned submitted applications for Subsidiary Protection. When consideration of these applications has been completed, the persons concerned will be notified in writing of the outcomes.

In the event that the applications for Subsidiary Protection are refused, the position in the State of the persons 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 final decisions are made. Once decisions have been made, these decisions and the consequences of the decisions will be conveyed in writing to the persons concerned.

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.

Bernard Durkan (Kildare North, Fine Gael)
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Question 218: To ask the Minister for Justice and Equality if alternative documentation is acceptable instead of a passport in respect of determination of residency in the case of a person (details supplied) in Dublin 3; and if he will make a statement on the matter. [30718/11]

Alan Shatter (Dublin South, Fine Gael)
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By way of background, the Deputy might wish to note that the person concerned is a failed asylum applicant. 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 7th April, 2004, 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.

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.

The Deputy will appreciate that the purpose of requiring production of a national passport is to establish a person's identity and nationality so that international travel and residence can be facilitated. Permission to reside takes the physical form of some type of passport endorsement such as, in the Irish case, a residence stamp. Given the importance of ensuring that an immigration permission be availed of only by the person for whom it is intended, it has become a fundamental requirement in immigration regimes around the world that foreign national visitors or residents must be in possession of a valid passport so that the appropriate immigration permission may be placed within it.

In the context of the person concerned, his identity and nationality has not been definitively established. As a result, it is in his interests to provide my Department with documentation which attests to his identity and nationality so that a final decision can be made in 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 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.

Bernard Durkan (Kildare North, Fine Gael)
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Question 219: To ask the Minister for Justice and Equality the position in respect of entitlement to residency in the case of a person (details supplied) in County Kildare; if it is in their interest to withdraw judicial review proceedings or their subsidiary protection application; and if he will make a statement on the matter. [30719/11]

Alan Shatter (Dublin South, Fine Gael)
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The person concerned is an asylum applicant. However, the Deputy will be aware that it is not the practice to comment on individual asylum applications where a final decision has not been made.

The person concerned has separately submitted documentation to my Department to advance her case to remain in the State based on the principles of the Zambrano Judgment. Her case is under consideration at present. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.

Where judicial review proceedings have been lodged in the High Court on behalf of an asylum applicant, it is a matter for that applicant, in conjunction with his/her legal representative, to decide as to whether such proceedings should be withdrawn. Equally, where an application for Subsidiary Protection has been lodged in my Department, it is a matter for the individual applicant, in conjunction with his/her legal representative, to decide as to whether such an application, once lodged, should be withdrawn.

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.