Jack Wall (Kildare South, Labour)
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Question 199: To ask the Tánaiste and Minister for Justice, Equality and Law Reform his views on documentation (details supplied); the position regarding the person's application; and if he will make a statement on the matter. [33462/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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The person concerned sought to renew his permission to remain in the State on the basis that he was the spouse of an EU citizen. He contended when requested to provide documentation in relation to his renewal that he was entitled to an automatic renewal and was not required to provide any documentation.

The case was the subject of High Court proceedings and the matter was determined in March, 2005. The Court ruled that the person was not entitled to an automatic renewal of his permission to remain, and that such renewal was subject to the fulfilment of conditions and that it was in the interest of the State to ensure that those conditions are fulfilled. My Department on foot of the judgement carried out enquiries concerning the current whereabouts of the person's spouse. It was established that his EU national spouse was not in fact residing in the State. The renewal of his permission to remain was therefore refused and he was informed of that decision on 13 April, 2005.

It is, however, open to the person concerned to apply to my Department in writing setting out the grounds for further permission to remain. On receipt of same the application will be further considered.