Dáil Éireann Debate, Thursday - 28 November 2013
110. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding residency status or eligibility for application for naturalisation in the case of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [51125/13]
View answerThe person concerned is the subject of a Deportation Order, made on 15th October, 2009, following a comprehensive examination of her asylum and subsidiary protection claims and the detailed examination of the representations she submitted for consideration under Section 3 (6) of the Immigration Act 1999 (as amended).
Further representations were received from the person concerned requesting that her Deportation Order be revoked, in accordance with the provisions of Section 3 (11) of the Immigration Act 1999 (as amended). The person concerned has also sought a right of residency in the State, accompanied by a right to work, based on the principles set out in the Zambrano Judgment. As a result of these submissions, the case of the person concerned is under review at present. In the event that the person concerned meets the criteria set out in the Zambrano Judgment then, all other things being equal, her Deportation Order will be revoked and permission to remain will be granted. However, in the event that the criteria set out in the Zambrano Judgment are not met, the Deportation Order will remain in place. In either event, once a decision has been made, this decision, and the consequences of the decision, will be conveyed in writing to the person concerned.
The Deputy should note that as the person concerned has no current right of residency in the State, she would not be in a position to meet the lawful residency criteria applicable to persons applying to my Department for a Certificate of Naturalisation.
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.
