Written answers

Tuesday, 19 January 2010

Department of Justice, Equality and Law Reform

Residency Permits

9:00 pm

Photo of Jack WallJack Wall (Kildare South, Labour)
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Question 586: To ask the Minister for Justice, Equality and Law Reform if a person (details supplied) in County Kildare in possession of a residency card from Belgium may use this card to stay within another EU states; and if he will make a statement on the matter. [1419/10]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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A person in possession of a Residence Card from another Member State is not automatically entitled to reside in this State on that basis.

I am informed by the Immigration Division of my Department that the person concerned made an application for residence in the State based on marriage to an EU National on 31 July 2009 pursuant to EU Directive 2004/38/EC and SI 656/2006 European Communities (Free Movement of Persons) (No.2) Regulations, 2006 as amended. This application was refused on the 23 December 2009 on the basis that the person concerned failed to provide sufficient evidence that her EU National spouse was exercising his EU Treaty Rights in this State. It is open to the person concerned to request a review of this decision in accordance with Regulation 21 of the Regulations.

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