Brian O'Shea (Waterford, Labour)
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Question 434: To ask the Minister for Justice, Equality and Law Reform the position regarding the application of a person (details supplied) in County Waterford to be allowed to legally remain here with their spouse and family; and if he will make a statement on the matter. [26884/07]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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I am informed by the Immigration Division of my Department that a decision in relation to the application for residence in the State based on EU Treaty Rights issued to the person concerned on 22nd August 2006.

The application for residence in the State was refused under Regulation 3(2) of S.I. 656 of 2006 (Free Movement of Persons Regulations). This Regulation requires that in order to avail of residency rights under these Regulations, applicants must submit evidence showing lawful residence in another EU Member State prior to arrival in Ireland. The person in question did not meet the criteria for eligibility for residence in the State in accordance with Regulation 3(2). The vires of this Regulation was recently upheld in the High Court. The matter is under appeal to the Supreme Court.

I am also informed that the applicant made a late application under the IBC scheme and as such could not be considered. This matter is under appeal to the Supreme Court and I understand a decision is expected in the near future.