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Dáil Éireann debate -
Tuesday, 4 Nov 2003

Vol. 573 No. 3

Written Answers. - Residency Permits.

Paul McGrath

Question:

619 Mr. P. McGrath asked the Minister for Justice, Equality and Law Reform when a residence permit will be granted to a person (details supplied). [25555/03]

The persons concerned applied for asylum in the State on 2 August 2001. They withdrew their asylum applications on 13 May 2002 and made an application for leave to remain in the State based on parentage of a child born in Ireland on 7 March 2002. No application for naturalisation has been received from the persons in question. 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, of which there are a large number, including the case of the persons concerned. They will not be receiving a letter granting permission to remain solely on the basis of parentage of an Irish born child. Since the persons in question do not have an alternative legal basis for remaining in this jurisdiction, the issue of their application for permission to remain on the basis of the Irish born child will be considered in the context of the proposal to deport them. If, in the light of their 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 they 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.

Questions Nos. 620 and 621 answered with Question No. 565.

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