Mary Hanafin (Dún Laoghaire, Fianna Fail)

At no stage did I try to indicate that the right to reside was the only element. The right to reside does not at all mean that one would automatically qualify for habitual residence. It is a precondition that should be satisfied before the other circumstances are taken into account. The fact is the chief appeals officer indicated it was open to introduce legislation, which is exactly what we are doing here, and his findings do not set a precedent.