Jan O'Sullivan (Limerick East, Labour)
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Question 239: To ask the Minister for Justice, Equality and Law Reform when a decision will be made on an appeal of the refusal of a visa application by a person (details supplied); and if he will make a statement on the matter. [27654/07]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The application referred to by the Deputy was received in the Visa Office, Dublin on the 30 August 2007. It was refused by the Visa Officer on the 21 September 2007 for a number of reasons. The principal reason for refusal was the immigration history of the applicant, who was deported from the state in 2003. An appeal may be made against the decision of the Visa Officer. It should be noted however, that it is not the general policy to grant a visa to persons who are the subject of a deportation order. It is open to an individual who wishes to re-enter the country to make an application for revocation of the order under section 3(11) of the Immigration Act 1999.

Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Question 240: To ask the Minister for Justice, Equality and Law Reform the criteria and exact procedure for spouses of Irish citizens who wish to enter the State if they are a visa required national; the procedure to enter the State if they are not a visa required national; the criteria and exact procedure for them to gain a stamp four after they have entered the State; and if he will make a statement on the matter. [27655/07]

Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Question 241: To ask the Minister for Justice, Equality and Law Reform the way the circumstances of persons who are granted a C visa and D visa differ if they are spouses of Irish citizens when entering the State; and if he will make a statement on the matter. [27656/07]

Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Question 242: To ask the Minister for Justice, Equality and Law Reform the exact criteria used by the Garda National Immigration Bureau and local officers when deciding whether the spouse of an Irish citizen is immediately granted a stamp four on presentation or informed that they have to formally apply for residency to INIS; and if he will make a statement on the matter. [27657/07]

Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Question 243: To ask the Minister for Justice, Equality and Law Reform his views on whether it is acceptable that families of Irish emigrants wishing to return and make a life here are hindered when one spouse is prevented from working for up to 18 months after arriving in Ireland due to the long processing times in INIS for residency based on marriage to an Irish citizen; if steps will be taken to address the situation; and if he will make a statement on the matter. [27658/07]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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I propose to take Questions Nos. 240 to 243, inclusive, together.

Marriage to an Irish national does not grant any automatic right to enter or reside in the State solely on that basis. A person who is visa-required wishing to come to Ireland to reside in the State with his/her spouse must apply for a "Join Spouse" visa. Where all the required documentation/evidence has been furnished and the Visa Officer is satisfied with the bona fides of the application a D-type Visa is approved in the vast majority of cases. In very exceptional cases, where a Visa Officer has concerns over the relationship history for example, a C-type Visa might be approved. The rationale for this is that the applicant is being afforded the opportunity to demonstrate the existence of the relationship.

Non-EEA nationals who have no current permission to remain within the State are required to make an application for residence on the basis of marriage to an Irish national to the Immigration Division of the Irish Naturalisation and Immigration Service of my Department. Applications, in fairness to all other such applicants, are dealt with in chronological order and are currently taking 12 months to process. Persons who have appropriate permission to enter and reside in the State based on their marriage to an Irish national do not need to make an application for residence to this department based on their marriage to an Irish national. Such persons should register with the Garda National Immigration Bureau and such persons are normally granted a Stamp 4. However if there are doubts about the bona fides of the marriage the matter may be referred to the Immigration Division of my Department for further investigation.

Widespread use of "Convenience" marriages for the purpose of circumventing normal immigration controls is experienced by immigration jurisdictions worldwide. In order to prevent abuses of the system, insofar as is possible and without unduly interfering with the Irish citizen's private circumstances, the Immigration Division will seek to establish various matters. These include the context in which the marriage took place, the validity of the marriage and whether the couple are residing together in a family unit. This will involve requesting documentation in support of the application for residence and may also require an interview of either or both parties by the immigration authorities.