Brendan Howlin (Wexford, Labour)
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Question 536: To ask the Minister for Justice, Equality and Law Reform if, in relation to a person (details supplied), his attention has been drawn to the fact that while this person's passport has been returned, his Department is still holding other documentation despite requests for their return; if these documents will be returned to the person without further delay; and if he will make a statement on the matter. [23948/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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Under the revised arrangements announced by me on 15 January 2005 for the processing of applications from the non-national parents of Irish born children for permission to remain in the State, the person concerned was granted permission to remain on 6 May 2005.

One of the conditions of the scheme is that an original birth certificate of the Irish born child is supplied with each application. These birth certificates are not returned to the applicants. The original birth certificate is held on file as a key document in establishing entitlement to permission to remain under the revised arrangements.

All of the original documents referred to, other than the Irish born child's birth certificate, have been returned to the person concerned.

Brendan Howlin (Wexford, Labour)
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Question 537: To ask the Minister for Justice, Equality and Law Reform if he will review the application by a person (details supplied) to remain here; and if he will make a statement on the matter. [23949/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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The person in question originally arrived in Ireland in February 2000 and sought asylum. He withdrew his asylum claim and sought to invoke European Union law on free movement to obtain residency in the State, following his marriage in December 2000 to an EU national. The applicant was requested to provide, inter alia, evidence of the EU national's employment in Ireland. As his EU spouse was dependent on public funds and was not working in the State the application was refused.

In July 2004 a further application for residency based on his marriage to an EU national was refused as his spouse's circumstances had not changed. The applicant and his solicitor were informed that as they had not provided any evidence that the EU national was working in the State, the non-EU spouse was not entitled to residency under the relevant EU provisions.

My Department has no record of any subsequent application for residency on the basis of EU free movement rights.