Bernard Durkan (Kildare North, Fine Gael)
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Question 215: To ask the Minister for Justice and Equality the current or expected residency status in the case of a person (details supplied) in County Monaghan; and if he will make a statement on the matter. [3201/12]

Alan Shatter (Dublin South, Fine Gael)
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The first named person concerned had a Deportation Order made against him, following the refusal of his asylum application and his application for Subsidiary Protection and the subsequent consideration of his case under Section 3 (6) of the Immigration Act 1999 (as amended). He lodged judicial review proceedings in the High Court, challenging the decision to make a Deportation Order against him. These proceedings were 'settled' with the consequence that the first named person concerned was afforded the opportunity to submit, within a specified period, fresh representations pursuant to Section 3 of the Immigration Act 1999 (as amended). Such representations have been submitted and will be considered, along with all other information on file, before a final decision is taken in this case. Once a decision has been made, this decision, and the consequences of the decision, will be conveyed in writing to the first named person concerned.

In relation to the second named person concerned, she, too, 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 second named person concerned was notified, by letter dated 21st May, 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 second named person concerned submitted an application for Subsidiary Protection. When consideration of this application has been completed, the second named 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 second named 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 second named person 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.