Bernard Durkan (Kildare North, Fine Gael)
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To ask the Minister for Justice and Equality the current position in regard to determination of residency and citizenship in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [39979/12]

Alan Shatter (Dublin South, Fine Gael)
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The person concerned claimed asylum in the State in April 2004 and had his claim examined by the Office of the Refugee Applications Commissioner. Following an appeal to the Refugee Appeals Tribunal, it was recommended that he should be recognised as a refugee. Based on this recommendation, the person concerned was advised of my decision to issue him with a formal declaration of refugee status in September 2005. This communication also advised the person of the rights and entitlements accompanying refugee status in the State. The person continues to hold the status of refugee in the State.

An application for a certificate of naturalisation was received in the Citizenship Division of my Department in May 2010. On examination of the application submitted, it was determined that the application be returned in its entirety to the person concerned for further attention in June 2010. In order to be fair to all applicants, only valid applications can be considered. I have been advised that no further correspondence has been received by Citizenship Division.

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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To ask the Minister for Justice and Equality the progress to date and expected outcome in the determination of residency and or entitlement to citizenship in the case of a person (details supplied) in Dublin 11; and if he will make a statement on the matter. [39980/12]

Alan Shatter (Dublin South, Fine Gael)
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I am informed by the Irish Naturalisation and Immigration Service (INIS) that the person referred to by the Deputy was granted permission to remain for a period of five years on 12 January, 2010 on the basis of being the spouse of an EU citizen, who was residing in the State and was exercising her EU Treaty Rights. The grounds under which she was granted permission to remain in the State no longer apply, as her EU spouse is no longer residing in this State exercising his EU Treaty Rights. Therefore, the permission to remain which was granted under the provisions of Directive 2004/38/EC and European Communities (Free Movement of Persons) Regulations 2006 and 2008 has now been revoked.

On 6 October, 2011 the person was informed that her permission to remain was now revoked. The matter is now being considered by the Removals Section of INIS under Regulation 20 (1) (a) of the European Communities (Free Movement of Persons Regulations) 2006 and 2008.

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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To ask the Minister for Justice and Equality the procedure to regularise and update residency status in the case of a person (details supplied) in Dublin 6; and if he will make a statement on the matter. [39981/12]

Alan Shatter (Dublin South, Fine Gael)
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The person concerned entered the State on 3 June, 2000 and was last granted permission to remain until 23 July, 2010. The person concerned remained in the State since that date without the permission of the Minister. Consequently, in accordance with Section 3 of the Immigration Act 1999, the person concerned was notified, by letter dated 10 November, 2010, that the 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 she should not have a Deportation Order made against her.

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.

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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To ask the Minister for Justice and Equality the progress to date in determination of residency status and or entitlement to naturalisation in the case of a person (details supplied) in Dublin 8; and if he will make a statement on the matter. [39982/12]

Alan Shatter (Dublin South, Fine Gael)
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There is currently no application pending in my Department for residency or naturalisation in the case of the person whose details were supplied. If an application for asylum has been made by the person concerned the Deputy will of course be aware that it is not the practice to comment on asylum applications that are pending. Applications for refugee status in the State are determined by an independent process comprising the Office of the Refugee Applications Commissioner and the Refugee Appeals Tribunal which make recommendations to the Minister on whether such status should be granted. All applications for refugee status are considered on their individual merits on a case by case basis having regard to the subjective and objective elements of the claim.

Bernard Durkan (Kildare North, Fine Gael)
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To ask the Minister for Justice and Equality the current position and procedures to date in determination of residency status in the case of a person (details supplied) in County Waterford; and if he will make a statement on the matter. [39983/12]

Alan Shatter (Dublin South, Fine Gael)
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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 21 May, 2010 that the 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. Enquiries are currently being made in relation to trafficking in this case. 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 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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To ask the Minister for Justice and Equality the progress to date and procedures still to be followed in the matter of determination of residency status in the case of persons (details supplied) in County Kildare; and if he will make a statement on the matter. [39984/12]

Alan Shatter (Dublin South, Fine Gael)
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The first and second named persons concerned entered the State on different dates and lodged separate asylum applications. Their child was born in the State in 2009 and lodged a separate asylum claim. Their asylum applications were all considered individually by the Office of the Refugee Applications Commissioner and the Refugee Appeals Tribunal, both of whom concluded that the persons concerned did not meet the criteria for recognition as refugees.

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), the persons concerned were notified, by separate letters that the 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 first named person concerned submitted applications for Subsidiary Protection and later withdrew these applications. The first named person concerned and her child will now have their cases 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 first person concerned and her child.

The second named person concerned submitted an application for Subsidiary Protection. When consideration of this applications has been completed, the person concerned will be notified in writing of the outcome. In the event that the second named persons application for Subsidiary Protection is refused, the position in the State of that 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.

Bernard Durkan (Kildare North, Fine Gael)
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To ask the Minister for Justice and Equality the current and or expected position in regard to residency status in the case of a person (details supplied) in County Cork; and if he will make a statement on the matter. [39985/12]

Alan Shatter (Dublin South, Fine Gael)
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The person concerned is the subject of a Deportation Order, signed on 10 July 2009, following a comprehensive and thorough examination of her asylum claim and her application for subsidiary protection, and a detailed examination of the representations she submitted for consideration under Section 3 of the Immigration Act 1999 (as amended).

The child of the person concerned is an Irish Citizen. An application by the person concerned in respect of the Zambrano judgement has been received. The person concerned has been asked to submit further representation and when these representations are received her case will be considered. 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.