Bernard Durkan (Kildare North, Fine Gael)
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148. To ask the Minister for Justice and Equality the position regarding determination of residency/eligibility for naturalisation in the case of a person (details supplied) in Dublin 1 [28580/13]

Alan Shatter (Dublin South, Fine Gael)
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The 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). The person concerned lodged judicial review proceedings in the High Court, challenging the decision to refuse his subsidiary protection application and to make a Deportation Order against him. These proceedings were 'settled' with the consequence that the Deportation Order was revoked and a fresh proposal to deport letter issued. A fresh application for subsidiary protection has been submitted as have written representations pursuant to the provisions of Section 3 (6) of the Immigration Act 1999 (as amended).

The application for subsidiary protection will be considered first and a decision notified. 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 and Section 5 of the Refugee Act 1996 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 should note that as the person concerned has no current right of residency in the State, he would not be in a position to meet the lawful residency criteria applicable to persons applying to my Department for a Certificate of Naturalisation.

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.