Bernard Durkan (Kildare North, Fine Gael)
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Question 202: To ask the Minister for Justice and Equality if and when citizenship or residency status is likely to be determined in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [1822/12]

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 4th February, 2011, 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.

The Deputy might wish to note that as the person concerned has no current right of residency in the State, the issue of an application for Irish citizenship does not arise at this time.

I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to the 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 203: To ask the Minister for Justice and Equality if, further to Parliamentary Question No. 439 of 15 of November 2011, he will carry out or cause to be carried out a review of the circumstances relating to the application for refugee, asylum, residency or other status in the case of a person (details supplied) in Dublin 24 in view of the fact that they appear to have proceeded in fashion other than that in their best interests; and if he will make a statement on the matter. [1823/12]

Alan Shatter (Dublin South, Fine Gael)
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I refer the Deputy to my detailed Reply - set out beneath - to his earlier Parliamentary Question, No. 439 of Tuesday, 15th November, 2011. The position is unchanged since then. The Deputy can be assured that the procedures followed, and to be followed, in the case of the person concerned are as set out in the relevant national asylum and immigration legislation and also take account of the State's international obligations in this area. As a result, I see no justification for any review of any of the actions taken to date in this case.

Parliamentary Question, No. 439 of Tuesday, 15th November, 2011

The person concerned applied for asylum on 26th January, 2010. In accordance with the provisions of Section 9 of the Refugee Act 1996 (as amended), the person concerned was entitled to remain in the State until her application for asylum was decided.

On 2nd February, 2010, the person concerned applied to the International Organisation for Migration (IOM) to voluntarily return to her country of origin. The person concerned subsequently applied for a student visa and the IOM closed its file on the case.

On 11th June, 2010, the person concerned withdrew her asylum application and was declared not to be a refugee on 16th June, 2010 by the Refugee Applications Commissioner, in accordance with section 13(2)(a)(b) of the Refugee Act 1996 (as amended).

Arising from the withdrawal and subsequent 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 7th July, 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 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 assessing the application, regard will be given to the specific claims made by the applicant as measured against objective, reputable, up to date information relating to the applicant's country of origin.

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.

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.