Dara Murphy (Cork North Central, Fine Gael) | Oireachtas source

I thank Deputy Eugene Murphy for raising this issue. I have also read the additional material he sent to me. It is not the policy of the Department of Justice and Equality to comment on the details of decisions reached in individual cases.

However, in general there is a perception that marrying an Irish citizen confers an automatic right to reside in the State, which is not in fact the case. Where a person is illegally present in the State, he or she cannot simply rectify that situation by entering into a marriage with an Irish or other EU citizen or another person who is lawfully resident in the State. In general terms, if the Department was to treat marriages involving persons illegally present in the State in such a fashion, it would have the result that marriages contracted solely for the purposes of confirming lawful immigration status would become an even more attractive proposition with various issues and consequences for the overall integrity of the immigration system.

The Civil Registration (Amendment ) Act 2014 provided additional powers to marriage registrars to refuse to accept the validity of proposed marriages. Most of those additional powers relate to the immigration status of one or both of the parties concerned. These measures were taken primarily to combat the problem of sham marriages. The Tánaiste has a particular concern about sham marriages and she has taken action to combat them in conjunction with the Garda Commissioner who has established Operation Vantage in order to investigate such marriages. Operation Vantage has proven very successful in reducing instances of sham marriages in the State. I should make it very clear at this stage that I am not suggesting at all that the marriage in question comes into that bracket or should be in any way taken to be a sham marriage. The Deputy should note that various immigration decisions which issue from the Department are, in many cases, not predicated on an assumption that a marriage is a sham marriage. They instead focus on the fact that the person concerned is in the State illegally and consideration of the case made by the person concerned as to why they should not be deported is fully taken into account under the relevant statutory framework. In addition, any claimed rights arising under Article 8 of the European Convention on Human Rights and under the Irish Constitution are examined, weighed and balanced against the right of the State to maintain a functioning immigration system. The outcome of that process, in many cases, is that a deportation order is then made. Such decisions can be re-examined and subsequently affirmed or revoked. It is open to any person who is subject to a deportation order to submit additional information at any time and to request a reconsideration of their case. I understand in this case that has recently been done. This material will be fully considered and a further decision will issue in due course. If the decision is made to revoke the deportation order then this person, like any other person in a similar case, would then be allowed to return to the State. I accept the genuine nature of the Deputy's concern and he should encourage the couple to please supply any additional information they may have.

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