Dáil Éireann Debate, Wednesday - 18 February 2004
272 Mr. McHugh asked the Minister for Justice, Equality and Law Reform if there is a procedure to make an application to reside in the State on the basis of a person (details supplied) being the parent of an Irish-born child; if there is an appeal process that can be pursued; and if so, the details of same. [5162/04]
View answerFollowing 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 outstanding on that date.
In such cases when the person has an alternative legal basis for remaining in this jurisdiction, the application will simply be returned, which was the case with the application referred to by the Deputy. If a person does not have such 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. In that context, the person will be notified of the proposal and given an opportunity to make representations in that regard. If, in the light of those representations, the range of factors set out in section 3(6) of the Immigration Act 1999 and the prohibition on refoulment, the Minister decides not to make a deportation order, the person will be given leave to remain on a humanitarian basis.
