Pat Breen
Question:270 Mr. P. Breen asked the Minister for Justice, Equality and Law Reform the residency status of a person (details supplied) in County Limerick; and if he will make a statement on the matter. [21817/03]
Written Answers. - Asylum Applications.
The person concerned applied for asylum in the State on 1 June 2000. He was refused asylum on 31 October 2001 and also failed in an appeal against that decision. He was notified accordingly on 24 April 2002 and of a proposal to deport him. He made representations in this regard on 17 May 2002 under section 3 of the Immigration Act 1999. Of relevance in the context of those representations is the fact that he is the parent of an Irish born child.
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, of which there are a large number, including the case of the person concerned. He will not be receiving a letter granting permission to remain solely on the basis of parentage of an Irish born child.
Since the person in question does not have an alternative legal basis for remaining in this jurisdiction, the issue of his application for permission to remain on the basis of the Irish born child will be considered in the context of the proposal to deport him. If, in the light of his representations and the range of factors set out in section 3(6) of the Immigration Act 1999, it is decided not to make a deportation order he will be given leave to remain on a humanitarian basis. Given the large number of such cases on hand I am unable to say at this stage when the file will be examined.