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Question

529. Deputy Éamon Ó Cuív asked the Minister for Justice when a new process will be developed in the State to deal with the cases of third-country national persons who have been deemed to come within the scope of the EU Free Movement Directive following a ruling of the European Court of Justice in the Chenchooliah case; and if she will make a statement on the matter. [54206/21]

Answer

Minister for Justice (Deputy Helen McEntee): As the Deputy is 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 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 process to be developed in this State, based on the provisions of Article 15, and this process continues to be developed in my Department.
The amendment of the European Communities (Free Movement of Persons) Regulations 2015, by the European Communities (Free Movement of Persons) (Amendment) Regulations 2021, to fully bring them in line with the ruing of the ECJ in the Chenchooliah case is an important and necessary step in this process. I am pleased to advise the Deputy that the 2021 Regulations were signed and came into force on 26 August 2021.