Dáil Éireann debate -
Tuesday, 25 Feb 2003

Vol. 562 No. 1

Written Answers - Refugee Status.

Seán Haughey

Question:

444 Mr. Haughey asked the Minister for Justice, Equality and Law Reform the options open to refugees or asylum seekers who wish to remain here, if they are parents of an Irish born child, if they are unsuccessful in their applications to the Refugee Applications Commissioner and the Refugee Appeals Tribunal for refugee status; if such people can apply to remain here on humanitarian grounds regardless of the fact that they have an Irish born child; the procedures in place at this time for this; if applications to remain here on the basis of an Irish born child are still being accepted; the details of his recent announcement in this regard; and if he will make a statement on the matter. [5594/03]

Minister for Justice, Equality and Law Reform (Mr. McDowell)

A person declared a refugee under the provisions of the Refugee Act 1996, as amended, is entitled to reside in the State whether he or she has an Irish born child.

Up until recently there was a separate process operated by the Department whereby the non national parent(s) of an Irish born child could apply to reside in the State on the basis of an Irish born child. Such an application was processed even if a person had a current asylum claim. In effect therefore, an asylum applicant whose claim was being processed by the Refugee Applications Commissioner or the Refugee Appeals Tribunal could have a separate and totally independent claim to reside in the State on the basis of an Irish born child processed by the Department simultaneously. It was generally the case that the question of making a deportation order was not contemplated pending the processing of both claims. It was also the case that in the vast majority of such cases the asylum application was unsuccessful but the Irish born child application was successful.

With effect from 19 February, 2003, and as a result of the Supreme Court's decision in the cases of L and O, the separate process which operated in respect of applications to reside on the basis of an Irish born child has been abolished. Therefore neither a current nor an unsuccessful asylum applicant can resort to that separate process in future. The Government has yet to determine the general policy to be adopted in respect of more than 9,000 Irish born child applications on hand at present from current or former asylum seekers which have not been finally determined.

It is the case under existing law that where I, as Minister, propose to make a deportation order in respect of any person, I am obliged, save in very exceptional circumstances, to notify the person in writing and to give the person an opportunity to make written representations within 15 working days. Whether or not representations are made I am also obliged to have regard to a range of ten additional factors in determining whether a deportation order should be made. My decision is also subject to the general prohibition on refoulement. Those additional factors include the person's family and domestic circumstances and humanitarian considerations. They also include circumstances relating to the common good which reflect the Government's serious concern at the number of claims to reside in the State on the basis of parentage of an Irish born child and the social and economic consequences arising therefrom.

My Department no longer accepts separate applications to reside in the State purely on the basis of the birth of an Irish born child. However, where there is a proposal to deport a person who is the parent of an Irish born child, that person will be given the opportunity to make representations in relation to the proposal and all factors relevant to the determination will be taken into account.