Michael Healy-Rae (Kerry, Independent)
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457. To ask the Tánaiste and Minister for Justice and Equality the status of a review of an application by a person (details supplied); the reason the application was refused; and if he will make a statement on the matter. [35745/18]

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 23 May 2017 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 2008 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 Slovakia.

The person concerned was advised on 10 March 2018 that their application had been refused. This was because they had been found to have engaged in a fraudulent act within the meaning of the Regulations and Directive, which provide that Member States may refuse, terminate or withdraw any rights conferred under the Directive in the case of abuse of rights or fraud. The application was refused in accordance with the provisions of Regulation 27(1) of the Regulations and Article 35 of the Directive. 

Furthermore, the person concerned was advised their marriage to the EU citizen was considered to be one of convenience that was contracted for the sole purpose of obtaining a derived right of free movement and residence under EU law as a spouse who would not otherwise have such a right. Therefore, their application was also refused in accordance with the provisions of Regulation 28(1) of the Regulations.

The person concerned sought a review of that decision on 21 March 2018. However, they were informed on 09 July 2018 that the decision to refuse their application had been upheld. Having considered in detail the representations and documentation that had been submitted, the Review Officer was not satisfied that the applicant had allayed concerns that they had engaged in a marriage of convenience for the purpose of obtaining a derived right of free movement and residence under EU law as a spouse who would not otherwise have such a right.

The person concerned was informed on 09 July 2018 that their EU Treaty Rights application was closed. Furthermore, as they had no immigration permission to remain in the State, they were issued with a Notification under Section 3(4) of the Immigration Act 1999 (as amended).

The person concerned does not have any permission to reside in the State at the present time, and their case now falls to be considered under Section 3(6) of the Immigration Act 1999 (as amended). Should they wish to provide further documentation or information in respect of their position in the State, they should make contact with the Repatriation Division, INIS, Chapter House, 26-30 Upper Abbey Street, Dublin 1.

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.