Bernard Durkan (Kildare North, Fine Gael)
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495. To ask the Tánaiste and Minister for Justice and Equality the progress that has been made to date in the determination of an application as part of an undocumented scheme in the case of a person (details supplied); when a decision will issue; and if she will make a statement on the matter. [61857/22]

Bernard Durkan (Kildare North, Fine Gael)
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523. To ask the Tánaiste and Minister for Justice and Equality the current and-or expected residency status in the case of a person (details supplied); and if she will make a statement on the matter. [62279/22]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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I propose to take Questions Nos. 495 and 523 together.

The application for the person referred to by the Deputy was received by the Undocumented Unit of my Department on 08 February 2022 and continues to be processed. Due to the large number of applications on hand it is not possible to provide a definitive timeframe for a decision to issue.

The processing times of applications will vary depending on the complexity of the application, whether it is a single or family application, the supporting documentation and the vetting process with An Garda Síochána (AGS). Applications where there is an existing deportation order will require additional processing.

Each application received is assessed individually in accordance with the published criteria, available on my Department's immigration website at: www.irishimmigration.ie/wp-content/uploads/2022/01/Undocumented-Policy-Scheme-January-2022.pdf .

If an applicant is unsuccessful for this scheme, they have the option to appeal this decision. The refusal letter, as well as the immigration website, contains information on how to submit an appeal. If their appeal application is also unsuccessful then they will be issued with a proposal of intention to deport under section 3 of the Immigration Act 1999, as amended.

Under the Section 3 process, the applicant will have the option to voluntarily leave the State or to make submissions to the Minister as to why a deportation order should not be made against them. The Minister is obliged to consider any relevant constitutional and convention rights, such as family life rights and private life rights, before making a decision on whether to make a deportation order. A full consideration of all aspects of their case would be carried out before a decision is made to grant a permission to remain in the State or to make a Deportation Order.

Queries in relation to the status of individual immigration cases may be made directly to my Department by e-mail using the Oireachtas Mail facility at INISOireachtasMail@justice.ie, 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 Question process. The Deputy may consider using the e-mail service except in the cases where the response is, in the Deputy's view, inadequate or too long awaited.