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Question

128. Deputy Donnchadh Ó Laoghaire asked the Minister for Justice and Equality the status of a case (details supplied). [48512/17]

Answer

Minister for Justice and Equality (Deputy Charles Flanagan): I have been informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned applied on 31 December 2012 for a residence card as a family member of an EU citizen under the provisions of Article 20 of the Treaty on the Functioning of the European Union and the Judgement of the Court of Justice of the European Union in Chen, C-200/02.  They stated at that time that they were the parent of a minor EU citizen child. 
This application was refused on 04 July 2013 as the person concerned had failed to establish that they were the primary carer of the minor EU citizen child concerned.  As such, they were informed the provisions of the CJEU Judgment in Chen did not apply in their case.
The person concerned made a second application under the provisions of the Chen judgment on 17 December 2014.  On foot of this application, they provided evidence that they were the primary carer of the EU citizen child in question, that they were in possession of private medical insurance, and that they had been offered part-time employment in the State.  The person concerned was informed on 07 May 2015 that their application had been approved and that they were to be provided with permission to remain in the State under Stamp 4 conditions for a period of two years, until 06 May 2017. 
On 12 May 2017, the person concerned made a further application under the Chen judgment.  However, they were informed on 03 October 2017 that their application had been refused.  This was because they had failed to provide a valid passport and had failed to provide documentary evidence that they and the EU citizen child were in possession of private medical insurance.  Furthermore, the person concerned had failed to provide satisfactory evidence that they were residing in the State with sufficient resources, as is required under the Chen judgment.
The person concerned applied for a review of this decision on 20 October 2017.  This request has been acknowledged, and the person concerned has been informed that their request for a review has been accepted.  The person concerned has also been advised that this review will be carried out on the basis of the documentation and information available to the Decision Officer at the time the original decision was made.  They have also been advised that that it is open to them to submit any representations they may wish to make outlining where they feel the Decision Officer in their case erred in fact or law, along with any evidence they may have to support this.
This application will be considered in due course, and the applicant will be informed of the decision of the Review Officer.  Although it is not possible at the present time to provide a definitive date by which this application will be considered, there will be no avoidable delay in processing said application.
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.