Mary Upton (Dublin South Central, Labour)
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Question 215: To ask the Minister for Justice, Equality and Law Reform if he will carry out an investigation into the request for family reunification by a person (details supplied) in Dublin 12; if civil marriage ceremonies carried out in Sri Lanka are considered to be valid in this jurisdiction; if there is any precedent for accepting marriage certification from Sri Lanka in this jurisdiction; the reason this person was not informed of this concern prior to 10 September 2009; if he has satisfied himself that this application has been dealt with as promptly as possible; and if he will make a statement on the matter. [32150/09]

Dermot Ahern (Louth, Fianna Fail)
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I wish to refer the Deputy to Parliamentary Question number 641 that I answered on 16 September 2009.

The Irish Naturalisation and Immigration Service is unable to make a determination in this application for family reunification on the basis of the documentation submitted to date. In this regard a letter was sent to the person concerned on 10 September 2009 requesting them to obtain a declaration from the Irish Courts under Section 29 of the Family Law Act, 1995 indicating that the marriage in question is a valid one. In determining whether a foreign marriage is valid under the Family Law Act, 1995 it is a matter for the Courts to determine the formalities required by the law of the place or society in which the marriage was celebrated, and also to determine whether the marriage complied with those formalities. The onus is on the applicant to show that their marriage is valid and recognised for the purpose of Family Reunification. As soon as the person concerned submits the necessary Court declaration, the Irish Naturalisation and Immigration Service will finalise the application for Family Reunification.