Martin Ferris
Question:137 Deputy Martin Ferris asked the Minister for Justice and Equality the position regarding the residency application of a person (details supplied) in County Kerry. [14395/12]
View answerWednesday, 14 March 2012
Questions (135)
Written answers
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 27 November 2009 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 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.
I am advised by the Irish Naturalisation and Immigration Service (INIS) that an application for residence in the State on the sole basis of marriage to an Irish national was received from the person in question on 21 December 2011 arising from his marriage on 8 December 2011. INIS requested supporting documentation in relation to this application on 12 January 2012 and 15 February 2012 which included on both occasions a request to provide a valid national passport to establish the person's nationality and identity. The person concerned has advised INIS that he is unable to comply with this requirement. It is expected that a decision will be made shortly on this application based on the information provided.
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.