Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Question 442: To ask the Minister for Justice, Equality and Law Reform the criteria used to determine if the non-EEA spouse of an Irish citizen is granted a C visa or a D visa before entering Ireland for the first time. [28132/07]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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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 would normally be approved. 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. Comprehensive information when making a "Join Spouse" visa is available on the website of the Irish Naturalisation and Immigration Service at www.inis.gov.ie

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Question 443: To ask the Minister for Justice, Equality and Law Reform if his Department has begun recording figures for the number of residency applications based on marriage to an Irish citizen that have been refused as the marriage was believed to be fraudulent; and if so, the number of applications refused on these grounds to date. [28133/07]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The Immigration Operations Section of my Department has provided the statistical data requested by the Deputy in the table. The data covers the three year period 2005 -2007 inclusive.Refusal of applications to remain in the State based on marriage to an Irish national