Jim O'Keeffe (Cork South West, Fine Gael)
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Question 130: To ask the Tánaiste and Minister for Justice, Equality and Law Reform if he will confirm that a person (details supplied) in County Cork has permission to remain in the State following their marriage to a citizen of the EU and their formal application being lodged on 23 March 2006. [43235/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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The person concerned submitted an application for residence on the basis that he is the spouse of an EU citizen, having married the EU citizen in Ireland on the 25th January, 2006.

The application has been examined under the provisions of the European Communities (Free Movement of Persons) Regulations 2006.

An examination of the documentation submitted shows that the person concerned who is subject to Irish entry visa requirements did not obtain the appropriate Irish entry visa prior to arrival in the State. It is therefore the case that the person entered the State illegally, and has remained illegally in the State.

I understand that the Immigration Division of my Department has recently informed the person concerned that he does not qualify for residence on the basis sought.