Written answers

Wednesday, 8 February 2006

Department of Justice, Equality and Law Reform

Residency Permits

10:00 pm

Photo of Ned O'KeeffeNed O'Keeffe (Cork East, Fianna Fail)
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Question 309: To ask the Minister for Justice, Equality and Law Reform the position regarding an application for residency in respect of a person (details supplied) in County Cork. [4544/06]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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The person in question arrived in the State as a member of the crew of a ship which docked in Waterford port on 17 February 2004. He failed to return to the ship prior to its departure and subsequently made an application for asylum at Waterford Garda station on 4 March 2004. This application for asylum was withdrawn on 30 September 2004 in favour of an application for permission to remain in the State on the basis of his marriage to an Irish national which had taken place on 8 July 2004.

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 immigration division of my Department has growing experience of marriages being entered into for the sole purpose of enabling the non-national in question gain entry to the State. In order to prevent abuses of the system, in so far 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 is 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.

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