Written answers

Thursday, 18 October 2018

Department of Justice and Equality

Residency Permits

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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164. To ask the Tánaiste and Minister for Justice and Equality the progress to date in the determination of an application submitted to the EU treaty rights review unit in the case of a person (details supplied); and if he will make a statement on the matter. [43030/18]

Photo of Charles FlanaganCharles 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 27 April 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 2015 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 Italy.

This application was refused on 14 November 2017 as the Minister was not satisfied that the EU citizen concerned was exercising their EU Treaty Rights in the State through employment, self-employment, the pursuit of a course of study, involuntary unemployment or the possession of sufficient resources in conformity with Regulation 6(3) of the Regulations.

The person concerned requested a review of that decision on 24 November 2017, which application is currently under consideration. 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, and the person should expect a decision in the coming weeks.

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.

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