Bernard Durkan (Kildare North, Fine Gael)
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309. To ask the Tánaiste and Minister for Justice and Equality the reason stamp 4 and not stamp 1 has been awarded in the case of a person (details supplied); and if she will make a statement on the matter. [45788/21]

James Browne (Wexford, Fianna Fail)
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An incorrect stamp was unfortunately issued in error to the person referred to by the Deputy. A new residence permit with the correct permission will be issued immediately.

The person referred to by the Deputy lodged a review application in respect of their EU Treaty Rights application decision on 2 August 2017. This application was examined in detail and a decision was made to uphold the decision to refuse their EU Treaty Rights application on 1 March 2021. Reasons for the refusal are outlined in the refusal letter.

This person's case may need to be examined to see if it falls within the parameters of the European Court of Justice (ECJ) ruling in the Chenchooliah case. As the Deputy may already be aware, the ECJ's ruling in that case requires a new process to be developed in this State to deal with the cases of third country national persons who may 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 State no longer apply. The required process is still under development and will be finalised in the coming months.

As this person's longer-term position in the State remains to be determined and the new post-Chenchooliah process is still being developed, a decision was taken to grant them a short-term permission to remain in the State. As an exceptional measure, they have been granted permission to remain in the State, on Stamp 1 conditions, (without the requirement to obtain an employment permit), for a period of six months.