Many complaints made to Brussels

The European Commission in Brussels has received "a huge number" of complaints from EU citizens living in Ireland whose non-EU husband or wife has been threatened with deportation, the commission's office in Dublin has confirmed.

This follows confirmation that the Department of Justice is issuing "Section 3 letters" - notices of intention to deport - to non-EU spouses of EU nationals living here who have applied for residency but have not lived legally in another EU state first.

This follows a High Court ruling in June in which the Department was found to be intra vires in demanding that the non-EU spouses of EU citizens live lawfully in another EU state before coming to live in this State.

Joan Flanagan, spokeswoman for the European Commission in Ireland, said she had been in contact with the the office of the Directorate General for Justice, Freedom and Security in Brussels yesterday.

"My colleague there said he has been dealing with a huge number of complaints from EU citizens here. He is getting them on a daily basis," she said.

The solicitor who is challenging the State's case on the issue to the Supreme Court, Derek Stewart, said the High Court ruling and the department's stance would affect "thousands" of couples.

Meanwhile, the Immigrant Council of Ireland has called on the department to "articulate" to every non-EU spouse issued with a Section 3 letter the "policy reasons" why they are receiving these letters.

Catherine Cosgrave, legal policy officer with the the council, said the EU directive which governs the issuing and refusal of residency permits to non-EU family members of EU citizens was "clear".

Quoting from Article 27 of the Directive 2004/38/EC, she said: "Union citizens or members of their families may be expelled from the host member State on grounds of public policy, public security or public health".

The directive continues: "Measures affecting freedom of movement and residence must be based on the personal conduct of the [non-EU citizen] individual concerned," she said.

It goes on to say that the conduct of the non-EU spouse being refused residence must represent a "serious and present threat" which would affect "the fundamental interests of the State".

Ms Cosgrave said: "That is clear and it is clear the department should articulate to anyone they are sending a notice of intention to deport the grounds of public policy, security or health on which they are being threatened with removal from the State. They are not saying, and they are just using this broad brush stroke. If the department wanted to it could deal with residency applications individually instead of this blanket approach which is affecting thousands of genuine couples," she said.

The Labour Party's spokesman on justice, Brendan Howlin, said the department had "caused huge fears for families long resident in this country". He called for a statement by the Minister for Justice.