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.