Paul Kehoe (Wexford, Fine Gael)
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Question 511: To ask the Minister for Justice, Equality and Law Reform the status of an application for the revocation of a deportation order for persons (details supplied) in County Wexford; when a decision will be made; and if he will make a statement on the matter. [32630/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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If a person who is the subject of a valid deportation order wishes to return to the State that person may apply to have the deportation order revoked under section 3(11) of the Immigration Act 1999. There is no automatic right of residency for a non-EU national who marries an Irish national. However, a non-EU national who marries an Irish national may apply for permission to enter and reside in the State with his or her Irish national spouse. It is the normal procedure where an application is received from a person who is the subject of a deportation order and has married an Irish national outside the State that both the revocation and the residency issues are considered at the same time.

The person in question is the subject of a valid deportation order signed on 2 July 2002 following a failed asylum application in the State. He was deported on foot of this order in August 2002 and is obliged to remain outside the State. He subsequently re-entered the State on a date unknown and was deported again in January 2004. He married an Irish national in his home country in August 2005. An application was made on his behalf by his wife for the revocation of the deportation order on 9 September 2005. This application was acknowledged on 21 September 2005 and an opportunity was offered to the person in question to make further representations as to why the valid deportation order in place should be revoked. The matter is under consideration and it is expected that a decision will be made shortly.