Bernard Durkan (Kildare North, Fine Gael)
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To ask the Minister for Justice and Equality if in determination of entitlement to residency, he will take into consideration on compassionate grounds the health of the persons youngest child born here who has special needs; and if he will make a statement on the matter. [39977/12]

Alan Shatter (Dublin South, Fine Gael)
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The case of the persons concerned will shortly 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. Various headings set out in Section 3 (6) of the Immigration Act, 1999 (as amended), include family and domestic circumstances, the length of time the persons concerned have been in the State, character and conduct since arrival in the State, employment record and employment prospects as well as any humanitarian considerations advanced by the persons concerned. 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 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.