Bernard Durkan (Kildare North, Fine Gael)
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Question 464: To ask the Minister for Justice, Equality and Law Reform if a person (details supplied) in County Meath can remain in the State, if they marry their German friend or if permission will be granted for them to live in Germany; and if he will make a statement on the matter. [7991/08]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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I refer the Deputy to Parliamentary Question No. 242 of Thursday 31 January 2008 and the written reply to that Question.

The person concerned arrived in the State on 31 January 2006 and applied for asylum on 1 February 2006. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal.

Subsequently, in accordance with Section 3 of the Immigration Act, 1999 (as amended), he was informed, by letter dated 31 August 2006, that the Minister proposed to make a deportation order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a deportation order or of submitting written representations to the Minister setting out the reasons why he should be allowed to remain in the State. Representations have been received on behalf of the person concerned and will be fully considered before the file is passed to me for decision.

In relation to the question of the person concerned marrying his friend, the Deputy might note that while it is open to the person concerned to make an application for residence based on verifiable evidence of a durable relationship suitably attested or civil marriage to an EU National under the European Communities (Free Movement of Persons) (No.2) Regulations 2006 (S.I. No. 656 of 2006 — Directive 2004/38/EC), it is unlikely that such an application would be successful as the person concerned would appear to have no history of lawful residence in another Member State prior to their arrival in the State, as required by Regulation 3.2 of those Regulations. I am not in a position to indicate how the German authorities might view such a marriage/relationship.