Thursday, 5 July 2012

Questions (132)

Bernard J. Durkan

Question:

132 Deputy Bernard J. Durkan asked the Minister for Justice and Equality if Stamp 4 will be updated while awaiting a decision in respect of their residency case and prevention of refoulement in the case of a person (details supplied) in Dublin 6; and if he will make a statement on the matter. [32954/12]

View answer

Written answers (Question to Minister for Justice and Equality)

I am informed by the Irish Naturalisation and Immigration Service (INIS) that the person referred to by the Deputy was granted permission to remain for a period of five years on 5 July, 2006 on the basis of being the Spouse of an EU citizen, who was residing in the State and was exercising her EU Treaty Rights.

The grounds under which he was granted permission to remain in the State no longer apply, as his EU spouse is no longer residing in this State, exercising her EU Treaty Rights. Therefore, the permission to remain which was granted under the provisions of Directive 2004/38/EC and European Communities (Free Movement of Persons) Regulations 2006 and 2008 has now been revoked.

On 13 April, 2012 the person was informed that the Minister was proposing to make a Removal Order in respect of him under Directive 38/2004/EC and European Communities (Free Movement of Persons) Regulations 2006 and 2008. He was given the option, to be exercised within 15 working days, to make representations as to why a Removal Order should not be made against him. The person concerned has made representations which will be fully 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.

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.