Bernard Durkan (Kildare North, Fine Gael)
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Question 205: To ask the Minister for Justice, Equality and Law Reform the reason it is proposed to issue a deportation order in the case of persons (details supplied) in County Kildare; if the rights and entitlements under Irish law and the Constitution are being observed; if a full review will be undertaken of the circumstances in this case; and if he will make a statement on the matter. [38611/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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Marriage to an Irish national does not confer any automatic right of residency in the State. However, it is possible to make an application for permission to remain in the State based solely on the separate basis of marriage to an Irish national. In this regard the person in question made an application for residency in the State based solely on marriage to an Irish national in April 2004.

In order to prevent abuses of the system, in so far as is possible and without unduly interfering with the Irish national's private circumstances, the immigration division will seek to establish and confirm various matters. These include the context in which the marriage took place, the validity of the marriage and whether the couple are residing in a family unit. It is a requirement of the Department of Justice, Equality and Law Reform that the non-EU national spouse of an Irish national be residing in the same household in a family unit with the Irish national in order to acquire residency solely on that basis.

The Department's primary concern in this matter is to maintain the integrity of the immigration system. Convenience marriages for the purpose of circumventing normal immigration controls are experienced by immigration jurisdictions worldwide and, in this regard, holiday and Internet romances would feature frequently. This application from the person in question was considered and it was discovered that he is not residing, and has never resided, in the same household in a family unit with his spouse since the date of his marriage. As he did not qualify for the residency on the separate basis of marriage to an Irish national, a notification of refusal on that basis issued on 25 November 2005.

Since the person in question and his dependent child do not have an alternative legal basis for remaining in this jurisdiction, the letter of 25 November 2005 also contained a notification of a proposal to deport them from the State under section 3 of the Immigration Act 1999. It is open to the person in question to make representations regarding that proposal as to why he should not be deported from the State within 15 working days of the date of the letter. If, in the light of those representations and the range of factors set out in section 3(6) of the Immigration Act 1999, the Minister decides not to make a deportation order, the person in question will be given leave to remain on a humanitarian basis.