Bernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context | Oireachtas source

490. To ask the Tánaiste and Minister for Justice and Equality when cases that fall within the parameters of the European Court of Justice Ruling in the Chenchooliah case will be progressed; the number of cases under active consideration in this regard; and if she will make a statement on the matter. [32874/21]

James Browne (Wexford, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

As the Deputy will be aware, the European Court of Justice (ECJ) ruling in the Chenchooliah case relates to third country national persons who have been deemed to come within the scope of the EU Free Movement Directive, but for whom the circumstances which allowed those persons to remain in the host State no longer apply. Such persons will be regarded as “former beneficiaries” for the purposes of the EU Directive. The ruling applies equally in all EU Member States.

The ECJ ruled that such persons cannot be removed from the host State on foot of domestic legislative provisions and can only be removed on foot of a Removal Order made under Article 15 of the EU Free Movement Directive. This ruling requires a new Removal Order based process to be developed in this State, based on the provisions of Article 15. The required process is currently being developed in my Department.  

My Department estimates that there are approximately 2,500 cases, which are directly impacted by the ruling in the Chenchooliah case. These cases are being progressed at present, insofar as possible, and that position will continue to apply.  It is also the case that some of the applicants in this cohort will have another immigration application pending. The post-Chenchooliah Removal Order process will only apply in circumstances where all other aspects of a person's immigration case have been refused and the issue of their removal from the State remains under consideration.