Bernard Durkan (Kildare North, Fine Gael)
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Question 216: To ask the Minister for Justice and Equality the history of the case in the matter of determination of residency in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [19445/11]

Alan Shatter (Dublin South, Fine Gael)
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I am informed by the Immigration Division of my Department that the person concerned made an application for residency in the State on 27 March 2007 on the basis of his being the spouse of an EU national exercising their right to free movement. Following consideration of this application, under the provisions of the European Communities (Free Movement of Persons) Regulations, 2006, a decision was made to refuse the application. The person concerned was notified of this decision by registered letter dated 24 September, 2007 which was returned undelivered. A subsequent issuing of the letter, on 14 January, 2008, was not returned and presumed delivered.

Following the ruling of the Court of Justice of the European Union in the case of Metock -v- Ireland in July, 2008, this application, amongst others, was reviewed by EU Treaty Rights Section of my Department. The person concerned was notified in writing of the outcome of that review by letter dated 12 August, 2008. They were advised that, in order to obtain a residence card, they must report to the local immigration office and that the permission to remain would be backdated to 27 September, 2007. The person concerned was also advised that their passport would be endorsed with the appropriate permission to remain. No correspondence, in response to the letter of 12 August, 2008, was received from the applicant and he did not register with the local immigration office.

On 25 March, 2011, the person concerned wrote to EU Treaty Rights Section stating that, when the letter from EU Treaty Rights Section was received, they were intending to return temporarily to their home country. The person added that they presumed they could present to the local immigration office on their return to the State. Documentation was submitted to EU Treaty Rights Section with the letter of 25 March, 2011 which, it was stated, the applicant hoped was sufficient to get registered. On 5 April, 2011, the applicant was informed that, as they had failed to register with the local immigration office and had been absent from the State for a period exceeding one year it was not now possible to register based on the approval letter of August, 2008. The person concerned was informed that a fresh application should be made. To date, EU Treaty Rights Section has not received a reply from the applicant.

All of the above should, of course, be known to the applicant.

I should remind the Deputy that queries in relation to the status of individual Immigration cases may be made direct to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.