Dáil Éireann Debate, Wednesday - 16 May 2012
155 Deputy Bernard J. Durkan asked the Minister for Justice and Equality the procedures to be followed in respect of an application for residency and naturalisation in the case of a person (details supplied) in Dublin 9; and if he will make a statement on the matter. [24512/12]
Amharc ar fhreagraI am advised that the person concerned was granted permission to remain in the State for a period of five years on the 13 February 2007 on the basis that he was the Spouse of an EU citizen who was residing in the State and in exercise of her EU Treaty Rights.
It then appears that on 4 April 2011 the person concerned advised the Irish Naturalisation and Immigration Service (INIS) that he was divorced from his EU citizen spouse since 20 March 2009, and that he now wished to retain the permission to reside under the provisions of Regulation 10 of the European Communities (Free Movement of Persons) Regulations 2006 and 2008 which provides for the retention of the right of residence by family members of an EU citizen in the event of divorce or annulment of marriage. It also appears, however, that the EU citizen spouse may have left the State around September 2008 prior to the initiation of any divorce proceedings.
Further information was requested from the applicant, through his Solicitor, by letter of 13 April 2011 in order to process the application for retention of permission to reside in the State under the provisions of Regulation 10 of the Regulations. The applicant's Solicitor indicated by letter of 15 November 2011 that it was not possible to provide the information requested. On 12 March 2012 a further letter issued through the applicant's Solicitor requesting additional information to process the case and to date no response has been received. A decision on the retention of permission will issue shortly based on the information already on file.
I am also advised that an application by the person concerned was submitted on 13 January 2012 in respect of the Zambrano Judgement. The child was born in the State on 15 December 2011 to a different partner, who is also claiming residence in the State based on being the parent of an Irish born child. In advance of a final decision being made, the case of the person concerned will be examined to determine what, if any, impact the recent European Court of Justice Judgment in the Belgian Zambrano case may have on his case.
I am further informed by the Citizenship Division of the Irish Naturalisation and Immigration Service (INIS) that an application for a certificate of naturalisation was received from the person referred to by the Deputy in November, 2010.
The application is currently being processed with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation, such as good character and lawful residence, and will be submitted to me for decision in due course.
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.
