Vol. 571 No. 1
1096 Ms Enright asked the Minister for Justice, Equality and Law Reform when the application by a person (details supplied) for a resident's permit as a parent of an Irish born child made to his Department on 7 August 2002 will be processed. [19609/03]
The person concerned applied for residency on the basis of his Irish born child on 9 August 2002.
Following the decision of the Supreme Court in the cases of L and O, the separate procedure which then existed to enable persons to apply to reside in the State on the sole basis of parentage of an Irish born child ended on 19 February 2003. The Government decided that the separate procedure would not apply to cases which were outstanding on that date. There are a large number of such cases outstanding at present, including the case to which the Deputy refers.
Since the person in question does not have an alternative legal basis for remaining in this jurisdiction the issue of permission to remain will be considered, but only in the context of a ministerial proposal to deport him. In that context he will be notified of the proposal and given an opportunity to make representations on it. If, in the light of those representations and the range of factors set out in section 3(6) of the Immigration Act, 1999, the Minister decides not to make a deportation order he will be given leave to remain on a humanitarian basis.
Because of the large number of such cases in hand I am unable to say at this stage when the file will be examined.
