Bernard Durkan (Kildare North, Fine Gael)
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423. To ask the Tánaiste and Minister for Justice and Equality if an extended stamp 1 or 4 or right to work will be facilitated in the case of a person (details supplied); and if he will make a statement on the matter. [35528/18]

Charles Flanagan (Laois, Fine Gael)
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I 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 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 who was exercising EU Treaty Rights in the State.  This application was refused on 19 April 2011.

On 10 May 2011 the person concerned sought a review of the decision to refuse their application. They were informed on 16 August 2011 that their review had been successful. The applicant was provided at that time with permission to remain in the State on a Stamp 4EUFam basis for a period of five years – from 16 August 2011 to 16 August 2016.

The person concerned applied on 06 September 2016 to retain their permission to reside in the State. However, they were advised on 15 July 2017 that their application had been refused. They were informed at that time that the right of a third country national family member to accompany or join an EU citizen in a host Member State is a derived right dependent on the EU citizen residing in the State in exercise of their EU Treaty Rights in accordance with the provisions of the Regulations and the Directive.

INIS was satisfied, based on the information available, that the EU citizen had departed the State in 2013 and, as such, 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)(a) of the Regulations since 2013, the applicant’s derived right of residence under Regulation 6(3)(b) of the Regulations ceased from that time also. Against this background, the application to retain a residence card was refused.

The person concerned requested a review of that decision on 13 November 2017, this is currently being processed. 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.

Bernard Durkan (Kildare North, Fine Gael)
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424. To ask the Tánaiste and Minister for Justice and Equality the progress to date in the determination of an application for residency in the case of a person (details supplied); and if he will make a statement on the matter. [35529/18]

Charles Flanagan (Laois, Fine Gael)
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I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned made an application for a right to residency accompanied by a right to work based on their parentage of an Irish citizen child on 23 May 2017.

I am further advised that INIS wrote to the person concerned on 26 March 2018 seeking further information and clarification. To date, INIS has no record of a response from the person concerned. 

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 the INIS is, in the Deputy’s view, inadequate or too long awaited.