Dáil Éireann Debate, Wednesday - 21 September 2022
109. Deputy Chris Andrews asked the Minister for Justice if she will review and re-examine the case of a person (details supplied) whose visa extension application has been rejected with little explanation as to the reason for same. [46167/22]
Amharc ar fhreagraThe person referred to by the Deputy applied to my Department to retain their residence card on an individual and personal basis, having separated from their EU citizen spouse/partner.
Under Regulation 10 of the European Communities (Free Movement of Persons) Regulations 2015, the Retention of the right of residence by family members in the event of divorce, annulment of marriage, annulment or dissolution of civil partnership, these Regulations apply only to those applicants who are legally divorced. Although it was acknowledged that divorce proceedings have been initiated in this case, a decree of divorce had not yet issued.
Therefore the application was subsequently refused as the person concerned did not have an entitlement to retain their residence card under Regulation 10 of the Regulations. The EU Treaty Rights division of my department received a request for a review of that decision on 28 May 2021, and the case remains ongoing at present.
The person referred to by the Deputy has been provided with a temporary stamp 4 while their application has been under consideration, which is valid until 14 October 2022. It is expected that a decision will issue in this case before the expiry of that permission.
Queries in relation to the status of individual immigration cases may be made directly to my Department by e-mail using the Oireachtas Mail facility (inisoireachtasmail@justice.ie), 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 is, in the Deputy’s view, inadequate or too long awaited.
