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Residency Permits

Dáil Éireann Debate, Thursday - 19 June 2014

Thursday, 19 June 2014

Questions (158)

Bernard Durkan

Question:

158. Deputy Bernard J. Durkan asked the Minister for Justice and Equality notwithstanding replies to previous parliamentary questions in the case of a person (details supplied) in Dublin 11, who previously had permission to remain here on foot of marriage to an EU national, who has since departed, whose four children were born here and who has established contacts and commitments in this jurisdiction, if the person's case might be considered on these grounds; and if she will make a statement on the matter. [26545/14]

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Written answers

The person concerned was granted permission to remain in the State for a period of five years on 12th January, 2010 on the basis of being the spouse of an EU citizen, who was residing in the State and was exercising their EU Treaty Rights.

The grounds under which the person concerned was granted permission to remain in the State no longer apply, as the EU spouse is no longer residing in this State. As a result, 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provisions of Directive 2004/38/EC and European Communities (Free Movement of Persons) Regulations 2006 and 2008 has been revoked. The person concerned was notified of this decision by letter dated 6th October, 2011.

In March, 2014, the person concerned sought a right of residency in the State, accompanied by a right to work, based on their parentage of an Irish born minor citizen child, and based also on the principles set out in the Zambrano Judgment. This application is under consideration at present. Once a decision has been made in this application, 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 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.

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