John McGuinness (Carlow-Kilkenny, Fianna Fail)
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Question 284: To ask the Minister for Justice and Equality if he will approve a stamp 4 in respect of a person (details supplied) in County Carlow; if the application to remain in the State will be approved; if a response to both matters will be expedited; and if he will make a statement on the matter. [38875/11]

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.

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 partner of the person concerned was notified, by letter dated 26th April, 2010, 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 position in the State of the partner of the person concerned now falls to 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.

Two of the children of the persons referred to by the Deputy applied for Asylum on 24/9/2010. The claims were assessed by the Refugee Applications Commissioner who concluded that the persons concerned did not meet the criteria for recognition as refugees. The Commissioner's recommendations were communicated to them by letters dated 6/1/2011. This communication advised the persons of their entitlements to appeal the Commissioner's recommendations to the Refugee Appeals Tribunal, which they duly did.

The Refugee Appeals Tribunal considered the persons appeals, following which the Tribunal affirmed the Commissioner's earlier recommendations to reject their claims. The outcome of these appeals were made known to the applicants by letters dated 2/11/2011.

In accordance with normal procedures, the applicants' files were forwarded to my Department's Ministerial Decisions Unit for final processing of their Asylum claims. Letters will issue to them from my Department advising them formally that their asylum claims had been rejected and affording them three options as follows:

1. Return home voluntarily

2. Consent to the making of a deportation order, or

3. Make written representations to me within 15 working days under Section 3 of the Immigration Act, 1999 and/or make an application for subsidiary protection under the European Communities (Eligibility for Protection) Regulations 2006 (SI No. 518 of 2006).

My Department has no record for a third child of the persons concerned referred to by the Deputy.

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. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from INIS is, in the Deputy's view, inadequate or too long awaited.