Bernard Durkan (Kildare North, Fine Gael)
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216. To ask the Minister for Justice and Equality the current position in regard to determination of residency status or eligibility for naturalisation in the case of persons (details supplied) in County Meath; and if he will make a statement on the matter. [32844/13]

Alan Shatter (Dublin South, Fine Gael)
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The persons concerned are a husband and wife who entered the State on separate dates in 2005, as students, and were granted permission to remain until 23rd November, 2006 and 22nd February, 2006 respectively. They have remained in the State without permission since then. Consequently, in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the persons concerned were notified, by separate letters dated 2nd February, 2009, that the then 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 written representations to the then Minister setting out the reasons why they should not have a Deportation Order made against them. Representations have been submitted on behalf of the persons concerned.

The position in the State of the persons 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 final decisions are made. Once decisions have been made, these decisions, and the consequences of the decisions, will be conveyed in writing to the persons concerned.

Given that the persons concerned have no current right of residency in the State, they would not, at this time, be in a position to meet the lawful residence criteria applicable to persons wishing to make an application 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.

Bernard Durkan (Kildare North, Fine Gael)
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217. To ask the Minister for Justice and Equality notwithstanding his reply to previous Parliamentary Questions in the case of a person (details supplied) in Dublin 1; and if he will make a statement on the matter. [32845/13]

Alan Shatter (Dublin South, Fine Gael)
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The person concerned has not submitted any documentary evidence to suggest that the European Court of Justice Judgment in the Zambrano case has any relevance to his case. It may be that while his children are Irish born, they are not entitled to claim Irish citizenship. The Deputy will appreciate that, in an Irish context, the Zambrano Judgment will only apply to third country national parents of an Irish born minor citizen child or children who are residing in this State with that child or children.

Given that the person concerned has never held a right of residency in the State on work permit or work authorisation conditions, he would not be in a position to meet the criteria applicable to persons applying to my Department for Long Term Residency status.

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.