Thursday, 8 November 2012

Questions (258)

Bernard Durkan

Question:

258. Deputy Bernard J. Durkan asked the Minister for Justice and Equality further to Parliamentary Question No. 171 of the 20 September 2012, if he will have regard to the situation now arising and any likely developments in the case of a person (details supplied) in Dublin 11; and if he will make a statement on the matter. [49380/12]

View answer

Written answers (Question to Justice)

I refer the Deputy to my reply below to Parliamentary Question Number 39980/12 of 20th of September, 2012. The situation is unchanged since then.

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 12 January, 2010 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 she was granted permission to remain in the State no longer apply, as her EU spouse is no longer residing in this State exercising his 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of Directive 2004/38/EC and European Communities (Free Movement of Persons) Regulations 2006 and 2008 has now been revoked.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 6 October, 2011 the person was informed that her permission to remain was now revoked. The matter is now being considered by the Removals Section of INIS under Regulation 20 (1) (a) of the European

Communities (Free Movement of Persons Regulations) 2006 and 2008.

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.