Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Question 362: To ask the Minister for Justice, Equality and Law Reform the rights the spouses of Irish citizens have to enter into and live here, in view of the refusal to grant a visa to a person (details supplied). [34763/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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I refer the Deputy to my previous reply to Question No. 515 of Tuesday, 8 November 2005, and Questions Nos. 176 to 179 of Thursday, 10 November 2005, in which I clearly stated the reason for refusal for this particular applicant. It is important to state at the outset that marriage to an Irish national does not grant any automatic right to enter or reside in the State solely on that basis. A visa required non-EEA spouse of an Irish national must apply for a visa to enter the State. This application will be assessed on its own merits, in accordance with general policy.

The visa system operates under the principle that the onus is at all times on the applicant to satisfy this Department that it would be in order to grant them a visa. In this case as I have clearly stated in my previous replies to the Deputy, inconsistencies were noted in the information supplied by the applicant with regard to her employment history.

I also advised the Deputy that the applicant had leave to appeal the decision within two months of the refusal date and this remains the position. My Department has received no such appeal to date.