Wednesday, 28 January 2004

Questions (169)

Paul Kehoe


288 Mr. Kehoe asked the Minister for Justice, Equality and Law Reform when residency will be granted to persons (details supplied). [2362/04]

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Written answers (Question to Minister for Justice, Equality and Law Reform)

The persons concerned applied for asylum in the State on 2 August 2001. They had a child on 7 March 2002 and subsequently withdrew their asylum applications on 13 May 2002, and applied for residency on the basis of their Irish born child.

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. There are a large number of such cases outstanding at present, 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 — but only in the context of a ministerial proposal to deport them. In that context they 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, a decision is made 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 on hand I am unable to say at this stage when the file will be examined.