Bernard Durkan (Kildare North, Fine Gael)
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193. To ask the Minister for Justice and Equality the position regarding residency/eligibility for naturalisation in the case of a person (details supplied) in Dublin 11; and if he will make a statement on the matter. [34146/13]

Alan Shatter (Dublin South, Fine Gael)
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I am informed by the Irish Naturalisation and Immigration Service (INIS) that the person concerned is the subject of a Deportation Order and is therefore illegally present in the State. The person concerned arrived in the State on 15 May 2000 claiming to be from South Africa and claimed asylum. Her asylum claim was refused on the grounds of credibility. A Deportation Order was signed on 23 September, 2002. By letter dated 8 November, 2002 the person concerned was informed that she was required to present to the Garda National Immigration Bureau on 15 November, 2002 to make arrangements for her deportation. She failed to present and was classed as an evader.

In 2009 the person concerned made an application for a residence card on the basis of her marriage to an EU national and was given permission to remain in the State while this was considered. In 2010 the person concerned was informed that this application was unsuccessful as she had failed to demonstrate that her EU spouse was exercising his EU Treaty Rights in accordance with the requirements of the Regulation. In 2011 the person concerned made a second asylum claim and when it was discovered that she was a dual applicant the application was withdrawn.

I am satisfied that the asylum application of the person concerned was fairly and comprehensively examined. The effect of the Deportation Order is that the person concerned must leave the State and remain thereafter outside the State. The enforcement of the Deportation Order is an operational matter for the Garda National Immigration Bureau. As a matter of policy, I do not intend to reward persons who have failed a very fair, thorough and comprehensive asylum process, and who have then proceeded to evade their deportation.

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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194. To ask the Minister for Justice and Equality the current and/or expected residency status in the case of a person (details supplied) Dublin 2; and if he will make a statement on the matter. [34147/13]

Alan Shatter (Dublin South, Fine Gael)
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The person concerned is a failed asylum applicant. 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 9th September, 2010, 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 then Minister setting out the reasons why a Deportation Order should not be made against him. In addition, he was notified of his 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. 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.