Dáil Éireann Debate, Tuesday - 18 September 2018
276. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if stamp 4 will be restored in the interim until his Department has had the opportunity to complete a review of the case of a person (details supplied) or to allow for the processing of a work permit; and if he will make a statement on the matter. [37203/18]
Amharc ar fhreagraI have been informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned applied on 12 October 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 2008 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.
This application was refused on 19 April 2011 as the person concerned failed to submit the documentation requested of them. The applicant sought a review of that decision and, on 16 August 2011, they were informed that the initial decision had been set aside and that they were to be provided with a residence card as a family member of an EU citizen – a Stamp 4EUFam - for a period of five years.
On 06 September 2016, the person concerned submitted an application to retain their residence card on an individual and personal basis. However, they were advised on 15 July 2017 that their application had been refused. Based on information available to INIS, it was clear that the EU citizen had departed the State in 2013. They 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) of the Regulations since 2013, the applicant’s derived right of residence under the Regulations ceased from that time also. Moreover, the applicant did not retain any entitlement to a residence card under Regulation 10(2) of the Regulations or Regulation 9(3) of the Regulations.
The person concerned requested a review of that decision on 16 August 2017, this application is currently under consideration. The applicant was provided with temporary permission to remain in the State while their application was under consideration, and this temporary permission will be renewed in the coming days.
INIS will correspond with the person concerned should further documentation, information, or clarification be required. Applications are dealt with in strict chronological order, and a decision will issue to the person concerned in due course. Although it is not possible at the present time to provide a definitive date by which a decision will be reached in this case, there will be no avoidable delay in completing same.
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 INIS is, in the Deputy's view, inadequate or too long awaited.
