John McGuinness (Carlow-Kilkenny, Fianna Fail)
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1624. To ask the Tánaiste and Minister for Justice and Equality the process by which applications are considered under a Court of Justice of the European Union ruling (details supplied); the average timeframe for a final decision on such applications; the number of applications under consideration; and if he will make a statement on the matter. [45812/25]

Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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I can advise the Deputy that the European Court of Justice (ECJ) ruling in the Chenchooliah case relates to third country nationals who have been deemed to come within the scope of the EU Free Movement Directive, but for whom the circumstances which allowed those people to remain in the host State no longer apply. Such people are regarded as “former beneficiaries” for the purposes of the EU Directive.

The ECJ ruled that such people can only be removed on foot of a Removal Order made under Article 15 of the EU Free Movement Directive. As a result of this ruling, a new Removal Order process needed to be developed in Ireland, based on the provisions of Article 15 of the Directive. This new removal process is in the final stages of development.

While the formal process is being put in place, my Department set up an interim process for people impacted by this judgement. As part of this process, people who are deemed “former beneficiaries” can apply for permission to remain in the State on a temporary basis. If successful they are granted a temporary permission on a Stamp 1 basis which allows them to work while their substantive application for permission to remain is being processed to completion.

Currently, there are approximately 850 people being considered under the Chenchooliah interim process, of these approximately 190 are currently residing in Ireland on a temporary Stamp 1 basis. The number of cases being considered under the Chenchooliah judgement is subject to change for various reasons, for example, some people are granted permission to remain under different immigration pathways and would therefore exit the process.

Not all people who are “former beneficiaries” apply to remain in Ireland and not all who apply are suitable to be granted a temporary immigration permission. However, those who have been granted a temporary Stamp 1, generally receive this permission within 11 months of application.

As the formal process is not yet fully established no final decisions in these cases has issued. I expect that the formal process will be in place in the coming months.