Vol. 571 No. 1
1169 Mr. F. McGrath asked the Minister for Justice, Equality and Law Reform if his Department will give the maximum support, advice and assistance to persons (details supplied) in their application for residency and allow them to make a contribution here. [20260/03]
The person concerned applied for asylum in the State on 7 August 2002. She gave birth to a child on 5 September 2002 and subsequently withdrew her asylum application on 30 September 2002, and applied for residency on the basis of her Irish born child.
Following the decision of the Supreme Court in the cases of L & 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 her. In that context she will be notified of the proposal and given an opportunity to make representations in relation to 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 she will be given leave to remain on a humanitarian basis.
Due to the large number of such cases on hand I am unable to say at this stage when the file will be examined.
