Thursday, 8 November 2012

Ceisteanna (264)

Bernard Durkan


264. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if he will confirm that his Department or the INIS have received documentary evidence requested by way of communication from this office dated 2 October 2011 in the case of a person (details supplied) in Dublin 15 to facilitate determination of their residency application under the Zambrano judgement; when he expects a decision to be made in the case; and if he will make a statement on the matter. [49386/12]

Amharc ar fhreagra

Freagraí scríofa (Ceist ar Justice)

The person concerned is a failed asylum applicant. Arising from the refusal of her 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 29th September, 2008, that the then Minister proposed to make a Deportation Order in respect of her. She 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 her. In addition, she was notified of her 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, including those relating to the possible relevance of the Zambrano Judgement to the case of the person concerned, 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 can confirm for the Deputy that his correspondence dated 2nd October, 2012, and accompanying documentation, has been received in my Department. This has been associated with the case file of the person concerned and will be considered at the appropriate time.

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.