I refer the Deputy to my detailed Reply to his recent Parliamentary Question, No 190 of Thursday, 28th February, 2013, in this matter. The position in the State of the person concerned is as set out in that Reply which is copied beneath (in italics).
As stated in that Reply, all representations submitted by and on behalf of the person concerned will be considered before a final decision is made. In the event that documentary evidence is submitted which suggests that the terms of the Zambrano Judgment are applicable to the case of the person concerned then any such documentary evidence will be fully considered. The Deputy will appreciate that the Zambrano Judgment, in an Irish context, applies to certain third country national parents of an Irish born minor citizen child. As such, in the event that the person concerned is the parent of such a child, and that child is the holder of an Irish Passport, then it would be in his interests to have the child's Irish Passport, together with all the other relevant documentation, forwarded to my Department for consideration without delay.
Given that the person concerned has no current right of residency in the State, the issue of an application for naturalisation does not arise at this time.
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 25th February, 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 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.
The position in relation to the immigration status of Long Term Residency is that, at the date of application, a person applying for such status must have been legally resident in the State for over five years (60 months) on the basis of work permit, work authorisation or working visa conditions and, as such, must have Stamp 1 or Stamp 4 endorsements on their Passport during such periods. Given that the person concerned has no current right of residency in the State, he would not be in a position to meet the lawful residency 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.
