Bernard Durkan (Kildare North, Fine Gael)
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Question 244: To ask the Minister for Justice and Equality the current or expected residency status in the case of persons (details supplied) in County Westmeath; and if he will make a statement on the matter. [40724/11]

Alan Shatter (Dublin South, Fine Gael)
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The first named person concerned applied for asylum on 17 April 2007. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeal Tribunal.

Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 9 February 2009, 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 then Minister setting out the reasons why he should not have a Deportation Order made against him. In addition, he was notified of his 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 in accordance with these Regulations. Following consideration of the information submitted, the application was refused. The person concerned and his legal representative were notified of this decision by letter dated 17 July 2009. The case file of the person concerned, including all representations submitted, will soon be 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. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.

The second named person arrived in the State on 9 June 2006 and applied for asylum. Her application was refused following consideration of her case by the Office of the Refugee Applications Commissioner, and on appeal, by the Refugee Appeals Tribunal.

Subsequently, in accordance with Section 3 of the Immigration Act 1999, as amended, the person concerned was informed, by letter dated 18 April 2007, that the Minister proposed to make a Deportation Order in respect of her. The person concerned 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 she should be allowed to remain temporarily in the State i.e. why she should not be deported.

She was notified of her entitlement to apply for Subsidiary Protection pursuant to the European Communities (Eligibility for Protection) Regulations, 2006. By correspondence dated 8 May 2007, an application for Subsidiary Protection was made on behalf of the person concerned by her legal representative. Following consideration of the information submitted, the application was refused. The person concerned and her legal representative were notified of this decision by letter dated 25 September 2008.

Her case was then examined 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. Consideration was given to representations submitted on her behalf by her legal representative. On 12 November 2008, the then Minister for Justice made a Deportation Order in respect of the person concerned. Notice of the order was served by registered post requiring the person concerned to present at the Garda National Immigration Bureau (GNIB) 13-14 Burgh Quay, Dublin 2 on Tuesday 2 December 2008 in order to make travel arrangements for her removal from the State.

I am satisfied that the application made by the person concerned for Subsidiary Protection, as well as the representations made under Section 3 of the Immigration Act, 1999 (as amended) together with all refoulement issues, was fairly and comprehensively examined and, as such, the decision to deport is justified.

The effect of the Deportation Order is that the person concerned must leave the State and remain thereafter out of the State. To date, the person concerned has not complied with the requirement in the Deportation Order to leave the State. The enforcement of the Deportation Orders is, and remains, an operational matter for the GNIB. 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.

Bernard Durkan (Kildare North, Fine Gael)
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Question 245: To ask the Minister for Justice and Equality the position in regard to the determination of residency in the case of persons (details supplied) in County Westmeath; and if he will make a statement on the matter. [40725/11]

Alan Shatter (Dublin South, Fine Gael)
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The persons concerned are a husband and wife who lodged separate asylum applications in 2005. Their asylum applications were refused following the consideration of their individual cases by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal.

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), they were separately notified, he by letter dated 25th May, 2010 and she by letter dated 21st July, 2010 that the then 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 individual 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.

Queries in relation to the status of individual immigration cases may be made directly to the 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 the INIS is, in the Deputy's view, inadequate or too long awaited.

Bernard Durkan (Kildare North, Fine Gael)
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Question 246: To ask the Minister for Justice and Equality the progress made to date in the determination of residency in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [40726/11]

Alan Shatter (Dublin South, Fine Gael)
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The person concerned made an application for refugee status in the State on 14 August 2003. The application was refused on 9 February 2005 and Judicial Review proceedings were lodged challenging this decision. These proceedings were settled. The person concerned subsequently made a second application for refugee status on 15 February 2006 which was refused at first instance and on appeal to the Refugee Appeals Tribunal. The decision to refuse by the Refugee Appeals Tribunal was made on 23 April 2009.

The previous Minister for Justice, Equality and Law Reform informed the person concerned that it was proposed to make a Deportation Order in his case and he was invited to make representations as to why a Deportation Order should not issue. The person in question was also invited to make an application for Subsidiary Protection in the State. Following consideration of the representations made and the application for Subsidiary Protection a Deportation Order was signed on 10 June 2010. Judicial Review proceedings were subsequently lodged in the High Court challenging the Deportation Order and accordingly, as the matter is sub judice, I do not propose to comment further.

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.