Thursday, 11 April 2019

Ceisteanna (86)

Bernard Durkan


86. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if stamp 4 will be considered in the case of a person (details supplied); and if he will make a statement on the matter. [17151/19]

Amharc ar fhreagra

Freagraí scríofa (Ceist ar Justice)

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned applied on 20/09/2016 for a residence card as a family member of an EU citizen under the provisions of the European Communities (Free Movement of Persons) Regulations 2015 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 Croatia. 

This application was refused on 22/05/2017 as INIS was not satisfied that the EU citizen in this case, was exercising their EU Treaty Rights in the State through employment, self-employment, the pursuit of a course of study, involuntary unemployment, or the possession of sufficient resources in accordance with Regulation 6(3) of the 2015 Regulations.

The person concerned requested a review of that decision on 26/05/2017, which is currently under consideration. INIS confirm that they have received documentation from the person concerned in respect of their review and that they will correspond with the applicant should further information or documentation be required. The person concerned has been provided with a temporary permission to remain in the State on  a Stamp 4 basis until 05/09/2019.

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 determination will be made 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 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.