Written answers

Tuesday, 6 November 2007

Department of Justice, Equality and Law Reform

Residency Permits

9:00 pm

Photo of Noel CoonanNoel Coonan (Tipperary North, Fine Gael)
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Question 451: To ask the Minister for Justice, Equality and Law Reform when a decision will be made on an application for residency in respect of a person (details supplied) in County Tipperary. [27020/07]

Photo of Brian Lenihan JnrBrian 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 5th June 2007.

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.

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