I propose to take Questions Nos. 376 and 419 together.
The review of the operation of the habitual residence condition was completed by my Department in July this year and, following consultation with other relevant Departments, is being brought to the attention of the Government in the near future and following Government approval, it is expected to be published.
Deciding officers in my Department determine the question of a person's habitual residence on the basis of factors which have been set down in decisions of the European Court of Justice. This means that a combination of factors including length and continuity of residence, employment prospects, reasons for coming to Ireland, future intentions and centre of interest (e.g. family, home, connections) are taken into consideration. It would be impossible and potentially misleading to try to record which factors were decisive in each case, and statistics are therefore not available to answer the Deputy's question in this regard. There have been cases where a person has been in Ireland for more than two years and yet does not satisfy the habitual residence condition, but I am advised that a frequent occurrence (noticeable particularly in one parent family payment claims) is that a person's statement that they have been in Ireland for such a period has not been supported by satisfactory evidence.
The operation of the condition is being continuously monitored by my Department, and steps are ongoing to ensure that it is operated consistently and with full regard to our EU and international obligations.
