Bernard Durkan (Kildare North, Fine Gael)
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To ask the Minister for Justice and Equality the current and expected position in respect of residency status and eligibility for naturalisation in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [3661/13]

Alan Shatter (Dublin South, Fine Gael)
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I am advised by the Irish Naturalisation and Immigration Service (INIS) that the person referred to by the Deputy came here on 19 June 2006 as an asylum seeker. She was refused refugee status by the Refugee Asylum Commissioners, a decision which was later affirmed by the Refugee Appeals Tribunal. The person in question has sought to have the Tribunal's decision overturned by way of Judicial Review and that application is currently before the Courts.

As the Deputy will be aware, the person in question on 26 May 2011 applied to EU Treaty Rights Section, INIS for a right of residence to be in the State. On 30 November 2011 the residence permission was granted for a period of five years until 28 November 2016, based on being a spouse of an EU citizen who was resident in the State and in exercise of their EU Treaty Rights under Statutory Instrument No. 656 of 2006 (as amended) which transposed Directive 2004/58/EC on the rights of citizens of the Union and their family members to move and reside freely within the territory of the Member States.

It later came to the attention of EU Treaty Rights Section that the circumstances under which the grant of this derived right of residence had been issued were no longer applying and therefore EU Treaty Rights Section issued a letter on 4 January 2013 stating that Section's intention to revoke the derived right of residence and outlining the reasons why. The letter also invited written representations to be made within 10 days of the date of the letter setting out the reasons as to why the derived right of residence of the person in question should not be revoked. EU Treaty Rights Section are awaiting a response to this letter.

I am not in a position to comment on the outcome of any intention to revoke the residence permission of the person referred to by the Deputy until any investigation by EU Treaty Rights Section is completed.

Officials in my Department state that there is no record of an application for a certificate of naturalisation from the person referred to by the Deputy. It is open to any individual to lodge an application for citizenship if and when they are in a position to meet the statutory requirements as prescribed in the Irish Nationality and Citizenship Act 1956 as amended.