Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Question 386: To ask the Minister for Justice, Equality and Law Reform if he will provide a report detailing the number of applications for EU residency permits which have been received each year in the past five years; the number of those applications which were concluded within a six month period; the number which took longer than six months for a decision; the length of the waiting period for those that took longer than six months; the number which have currently been waiting more than six months for a decision; and if he will make a statement on the matter. [23294/06]

Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Question 387: To ask the Minister for Justice, Equality and Law Reform if he will provide a report listing the countries of origin of applicants for EU residency permits; the number of applications granted per each country of origin; the number denied for each country of origin; the number of those still awaiting a decision; the number of those that have taken longer than six months for a decision; and if he will make a statement on the matter. [23295/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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I propose to take Questions Nos. 386 and 387 together.

Article 18 of the EC Treaty lays down the right of every citizen of the Union to move freely within the territory of the Member States, subject to the limitations and conditions laid down in the EC Treaty and by measures adopted to give it effect.

The rights of Union citizens and their family members to move and reside freely within the territory of the Member States are set out in Directive 2004/38/EC which was adopted on the 29 April, 2004. This directive codifies in a single instrument the complex legislative provisions and the case law on free movement and residence. This directive was transposed into Irish law by the European Communities (Free Movement of Persons) Regulations 2006 which came into force with effect from 28 April, 2006.

The detailed information required by the Deputy, including a report listing the countries of origin of applicants for EU residency permits, is not maintained in the format requested. This would require an inordinate amount of time to obtain and an inappropriate expenditure of limited resources.

The statistical data that is readily available is set out in the tabular statement below and only relates to cases where the application was made in writing to my Department (the data does not include persons who report to their local registration office to register and obtain the appropriate permission to remain).

There are a number of applications that have not been processed within the stipulated six month time frame laid down in the Directive. There are a number of reasons for this, including a failure on the part of applicants to provide the required documentation within the specified time frame.

Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Question 388: To ask the Minister for Justice, Equality and Law Reform the status of an application for EU residency submitted by a person (details supplied) in October 2005; the reason a decision on the application has taken longer than the six months set by EU Directive; and when the person can expect a decision. [23296/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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In order to avail of the Free Movement of Persons Directive a national of a non Member State married to a citizen of the Union must be lawfully resident in a Member State when he moves to another member State to which the citizen of the Union is migrating or has migrated. This principle has been established by the European Court of Justice in a ruling dated 23 September, 2003.

The person concerned has recently been informed that he is not a person who can avail of the Free Movement of Persons Directive as he was illegally resident in another Member State prior to his arrival in Ireland.

Notwithstanding this fact his residency application requires further consideration before a decision is reached.