Paul Kehoe
Question:173 Mr. Kehoe asked the Minister for Justice, Equality and Law Reform the status of an application for residency for persons (details supplied) in County Wexford; and if he will make a statement on the matter. [31735/03]
Written Answers. - Residency Permits.
The persons concerned applied for asylum in the State but subsequently withdrew their application and applied for residency on the basis that their Irish born child was born in February 2002.
Following the decision of the Supreme Court in the cases of L and O, the separate procedure that 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. The Government decided that the separate procedure would not apply to cases that were outstanding on that date. At present there are a large number of cases outstanding, including the case to which the Deputy refers.
Since the persons in question do not have an alternative legal basis for remaining in this jurisdiction the issue of permission to remain will be considered. This will be done only in the context of a ministerial proposal to deport them. They will be notified of the proposal and given an opportunity to make representations. If, in the light of their 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 they will be given leave to remain on a humanitarian basis. At this stage I cannot say when the file will be examined because of the large number of cases on hand.