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 relation to residency status in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [46035/12]

Alan Shatter (Dublin South, Fine Gael)
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Arising from the refusal of his 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 22nd March, 2006, 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 Minister setting out the reasons why a Deportation Order should not be made against him.

In May, 2007, the person concerned made an application for residency in the State on the basis of being the spouse of an EU National who was exercising her EU Treaty Rights in this State. This application was approved and the person concerned was notified to this effect by letter dated 14th August, 2008. The person concerned completed the registration formalities to the extent that his permission to remain was valid to 25th February, 2012.

The relevant officials in my Department were advised that the person concerned was no longer residing with his EU National spouse and, as such, he would not be in a position to apply for the renewal of his permission to remain on the basis of his marriage to an EU national. It has, however, been submitted on behalf of the person concerned that the European Court of Justice Judgment in the Zambrano case may be applicable to his case and, as such, he is now seeking to rely on that Judgment to advance his case to remain in the State. This request is under consideration at present. 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.