Vol. 574 No. 5
239 Mr. Curran asked the Minister for Justice, Equality and Law Reform when an application for a general permission to remain here from a person (details supplied) in Dublin 22 will be dealt with; and if he will make a statement on the matter. [27724/03]
The person concerned applied for asylum in the State on 16 September 1999. His application was refused on 20 October 2000. On 9 October 2002 he applied for residency on the basis of parentage 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. 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. Representations have already been made by the applicant and these representations together with the range of factors set out in section 3(6) of the Immigration Act 1999 will now be considered by the Minister. If, in the light of the foregoing, 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.
