Emmet Stagg (Kildare North, Labour)
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Question 34: To ask the Minister for Justice, Equality and Law Reform the reason for the delay in processing the residency application for a person (details supplied) in Dublin 7; and if he will make a statement on the matter. [3503/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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The person in question made an application for asylum on 18 October 1999. This application was refused on 17 August 2001 and appealed on 10 September 2001 to the Refugee Appeals Tribunal. The appeal was refused on the 18 February 2002 and a notification of proposal to deport from the State under section 3 of the Immigration Act 1999 together with the refusal to grant a declaration of refugee status issued on 15 March 2002.

Representations were received in relation to the proposal and were under consideration. However, before final considerations were made on the proposal the person in question made an application for permission to remain in the State based on his marriage to an Irish national. The marriage took place on 4 February 2003 and the application was received in March 2003. Before a final decision was made on the case he withdrew his application for residency based solely on his marriage to an Irish national on 7 September 2004 indicating that he was voluntarily repatriating to his country of origin. He did not pursue this option and on 15 December 2004 he reapplied for residency in the State based solely on his marriage to an Irish national.

Marriage to an Irish national does not grant any automatic right to enter or reside in the State solely on that basis. Applications of this type are dealt with on a strict chronological basis and, in fairness to all other applicants, are currently taking approximately 16 months to process. The resources allocated to process such applications are dependent on the prioritised work requirements of the immigration division of my Department at any one time, which is operating against a background of significant increases on demands for its services over a wide range of areas, including the type of application referred to by the Deputy. For example, there were 156 such cases in 2001 and at the end of December 2005 the number of application on hands had risen to 407.

In order to prevent abuses of the system, insofar as is possible and without unduly interfering with the Irish citizen's private circumstances, the immigration division will seek to establish 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. This may involve requesting supporting documentation as evidence of the relationship and-or an interview by the immigration authorities of either or both parties. A decision on the residency application in question will be made after full consideration of all the circumstances particular to this case.