Bernard Durkan (Kildare North, Fine Gael)
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124. To ask the Minister for Justice and Equality the extent to which the residency status in the case of persons (details supplied) in County Monaghan has been determined to date; if temporary residency status will be awarded in view of the vulnerability of the family including two children; and if he will make a statement on the matter. [51251/13]

Alan Shatter (Dublin South, Fine Gael)
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As conveyed to the Deputy in a previous Parliamentary Question Number 108 of 14th March 2013 the person concerned is the subject of a Deportation Order signed on 17 January, 2013. The Deportation Order was signed following a comprehensive and thorough examination of his asylum application in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), and Section 5 of the Refugee Act 1996, (as amended) on the prohibition of refoulement.

I have been informed by the Irish Naturalisation and Immigration Service of my Department that representations were received from the person's legal representative requesting that the Deportation Order be revoked in accordance with the provisions of Section 3(11) of the Immigration Act, 1999 (as amended). This application is being considered. The effect of Deportation Orders is that the persons concerned must leave the state and remain thereafter outside the State. The enforcement of Deportation Orders is an operational matter for the Garda National Immigration Bureau.

Queries in relation in relation to the status of individual immigration cases may be made directly to the INIS of my Department 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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125. To ask the Minister for Justice and Equality the position regarding residency status and/or eligibility for consideration for naturalisation in the context of the Zambrano decision in the case of a person (details supplied) in Dublin 1; and if he will make a statement on the matter. [51252/13]

Alan Shatter (Dublin South, Fine Gael)
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In February, 2008, 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 1st September, 2008. The person concerned completed the registration formalities to the extent that his permission to remain was valid to 1st September, 2013.

Given that the person concerned was no longer residing with his EU national spouse, he was not in a position to apply for the renewal of his permission to remain on the basis of being the spouse of an EU national. He has, however, sought a right of residency in the State, accompanied by a right to work, based on the principles of the European Court of Justice Judgment in the Zambrano case. This application is under consideration at present. Once a decision has been made in this application, this decision, and the consequences of the decision, will be conveyed in writing to the person concerned.

There is no record of an application for a Certificate of Naturalisation having been received from the person concerned. However, it will be open to him to apply to the Citizenship Division of my Department for a Certificate of Naturalisation when he is in a position to meet the lawful residency criteria applicable to the lodgement of such applications. Details on the criteria to be met by persons lodging such applications are available from the Irish Naturalisation and Immigration Service Website (www.inis.gov.ie).

Queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department 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.