Bernard Durkan (Kildare North, Fine Gael)
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Question 183: To ask the Minister for Social Protection the reason a person (details supplied) in Dublin 7 fails to meet habitual residency requirements given that he has resided here continuously since 2002; and if he will make a statement on the matter. [44647/10]

Éamon Ó Cuív (Galway West, Fianna Fail)
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The person concerned applied for jobseeker's allowance on 30 November 2009. His application was disallowed on the grounds that he did not satisfy the habitual residency requirements. The reasons he did not satisfy the condition of being habitually resident in the State are as follows:-

1. He has lived most of his life outside Ireland.

2. His centre of interest is not Ireland.

3. He does not have an established employment record in Ireland.

4. The nature and purpose of his residency in Ireland does not provide for habitual residence approval. One of the conditions laid down by the Minister for Justice and Law Reform in renewing this person's temporary permission to remain in the State is that he will engage in employment and not become a burden on the State.

The person concerned appealed the decision in relation to the habitual residency condition. On 18 September 2010, the person concerned was advised by letter that the Appeals Officer had decided that the appellant was not habitually resident in the State for social welfare purposes and accordingly, the appeal was disallowed.