Bernard Durkan (Kildare North, Fine Gael)
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272. To ask the Tánaiste and Minister for Justice and Equality the residency status of a person (details supplied); and if he will make a statement on the matter. [37161/18]

Charles Flanagan (Laois, Fine Gael)
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I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that, in response to a notification pursuant to the provisions of Section 3 of the Immigration Act 1999 (as amended), written representations have been submitted on behalf of the person concerned.

Following consideration of these representations, it was decided, as an exceptional measure, to grant permission to remain in the State based on the applicant’s original stated identity, and this position applied from 10 December 2013, until 10 December 2019. The applicant subsequently advised the INIS that this was not his true identity or date of birth, but that his true identity and date of birth was different.

Given that the applicant's immigration history in his true identity was effective from Monday 18 June 2018, the rights of residency accumulated between 10 December 2013 and 18 June 2018 will not be regarded as 'reckonable residency' for citizenship or other purposes. This is quite simply because it was based on a false identity, and a false date of birth. However, any rights of residency accumulated from Monday 18 June 2018, onwards will be accepted as being 'reckonable'.

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.

Bernard Durkan (Kildare North, Fine Gael)
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273. To ask the Tánaiste and Minister for Justice and Equality the current and expected residency status in the case of a person (details supplied); and if he will make a statement on the matter. [37193/18]

Charles Flanagan (Laois, Fine Gael)
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I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that it wrote to the person concerned on 21 May 2018 seeking further information and documentary evidence in respect of a request for permission to reside in this State. I understand that it remains open to the person concerned to reply to INIS. The request will be given detailed consideration by INIS upon receipt of the relevant response from the individual 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 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 Question 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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274. To ask the Tánaiste and Minister for Justice and Equality the progress to date in the determination of an application for status in the case of a person (details supplied); and if he will make a statement on the matter. [37195/18]

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 requested permission to reside in the State on 14 May 2018.

The Deputy will appreciate that applications are dealt with in chronological order. In that regard, I am informed that INIS wrote to the person concerned 10 September 2018 seeking further information. The request will be given detailed consideration by INIS upon receipt of the relevant response from the individual 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 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 was of the Parliamentary Question 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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275. To ask the Tánaiste and Minister for Justice and Equality when various entitlements will issue in the case of a person (details supplied); and if he will make a statement on the matter. [37200/18]

Charles Flanagan (Laois, Fine Gael)
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I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that there is no record of a request for permission to reside in the State from the person concerned.

I am further informed that it is open to the person concerned to write to Unit 5, Domestic Residence and Permissions Division, INIS, P.O. Box 12695, Dublin 2, setting out their current circumstances. Alternatively the person may email INISdefacto@justice.iefor further information on how to proceed.

Queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department by email 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 email 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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276. To ask the Tánaiste and Minister for Justice and Equality if stamp 4 will be restored in the interim until his Department has had the opportunity to complete a review of the case of a person (details supplied) or to allow for the processing of a work permit; and if he will make a statement on the matter. [37203/18]

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 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 Portugal.

This application was refused on 19 April 2011 as the person concerned failed to submit the documentation requested of them. The applicant sought a review of that decision and, on 16 August 2011, they were informed that the initial decision had been set aside and that they were to be provided with a residence card as a family member of an EU citizen – a Stamp 4EUFam - for a period of five years.

On 06 September 2016, the person concerned submitted an application to retain their residence card on an individual and personal basis. However, they were advised on 15 July 2017 that their application had been refused. Based on information available to INIS, it was clear that the EU citizen had departed the State in 2013. They 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) of the Regulations since 2013, the applicant’s derived right of residence under the Regulations ceased from that time also. Moreover, the applicant did not retain any entitlement to a residence card under Regulation 10(2) of the Regulations or Regulation 9(3) of the Regulations.

The person concerned requested a review of that decision on 16 August 2017, this application is currently under consideration. The applicant was provided with temporary permission to remain in the State while their application was under consideration, and this temporary permission will be renewed in the coming days.

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.