Tuesday, 28 May 2019

Questions (151)

Bernard Durkan

Question:

151. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if means can be found to facilitate an application to remain in the case of a person (details supplied); and if he will make a statement on the matter. [22444/19]

View answer

Written answers (Question to Justice)

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned applied on 12/10/2010 for a residence card as a family member of an EU citizen under the provisions of the European Communities (Free Movement of Persons) Regulations 2006 and Directive 2004/38/EC of the European Parliament and of the Council. They stated at that time that they were the spouse of a citizen of Portugal who was exercising EU Treaty Rights in the State. This application was refused on 19/04/2011.

On 10/05/2011 the person concerned sought a review of the decision to refuse their application. They were informed on 16/08/2011 that their review had been successful. They were provided at that time with permission to remain in the State on a Stamp 4EUFam basis for a period of five years – from 16/08/2011 to 16/08/2016.

The person concerned applied on 06/09/2016 to retain their permission to reside in the State. However, they were informed on 15/07/2017 that their application had been refused. They were informed at that time that the right of a third country national family member to accompany or join an EU citizen in a host Member State is a derived right, dependent on the EU citizen residing in the State in exercise of their EU Treaty Rights in accordance with the provisions of the Regulations and the Directive.

INIS was satisfied, based on the information available, that the EU citizen had departed the State in 2013 and, as such, the EU citizen had ceased to exercise EU Treaty rights in the State in accordance with the provisions of the Regulations and Directive at that time. As the Union citizen had not been exercising EU Treaty Rights in the State in accordance with the provisions of Regulation 6(3)(a) of the Regulations since 2013, the applicant’s derived right of residence under Regulation 6(3)(b) of the Regulations ceased from that time also.

The person concerned requested a review of that decision on 16/08/2017, which application is currently under consideration. This application is at an advanced stage of processing, and the person concerned should expect a decision on their application in the coming weeks.

Queries in relation to the status of individual immigration cases may be made directly to 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 INIS is, in the Deputy's view, inadequate or too long awaited.