Paul Kehoe (Wexford, Fine Gael)
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Question 198: To ask the Minister for Justice, Equality and Law Reform if he will grant residency to a person (details supplied) in County Carlow or allow the person permission to leave the State temporarily. [25195/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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The person in question arrived in the State on 6 September 2001 on a holiday visa. This visa was subsequently extended on two occasions for three months duration each time. She applied for asylum on 25 March 2002 which was refused on 10 October 2002. An appeal of this decision was made to the Refugee Appeals Tribunal and this was refused on 31 March 2003. 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 29 April 2003.

Representations were received in relation to the proposal to deport and while they were being considered an application for permission to remain in the State based on marriage to an Irish national was received from the person concerned in June 2006. Applications of this type, in fairness to all other such applicants, are dealt with in strict chronological order and currently take approximately fourteen months to process. It should be noted that marriage to an Irish national does not confer an automatic right of residence in the State.

The Deputy should note that a person who is awaiting a decision on a residency application based on marriage to an Irish national is free to leave the State at any time. A visa required national must be in possession of a valid Irish visa to allow the person concerned travel to the State. As the person in question is a visa required national, she would require a re-entry visa to return to the State. It is not the normal practice of my Department to assist persons who do not have residency in the State with a re-entry visa prior to travelling except in certain emergency circumstances. Applications of this emergency nature are considered on a case by case basis by the Irish Naturalisation and Immigration Service of my Department and any such request for a re entry visa should be made in writing to them.