Gay Mitchell
Question:488 Mr. G. Mitchell asked the Minister for Justice, Equality and Law Reform further to Parliamentary Question No. 1155 of 30 September 2003, when a decision will be made in this regard. [22301/03]
Written Answers. - Asylum Applications.
The person concerned applied for asylum in the State on 5 March 2002. He applied for residency on 6 March 2002 on the basis of his Irish-born child and subsequently withdrew his asylum application on 28 August 2002.
As I informed the Deputy in my response to his Parliamentary Question No. 1155 on 30 September 2003, 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 is 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 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, he 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.