Dan Boyle
Question:206 Mr. Boyle asked the Minister for Justice, Equality and Law Reform the current residency status of a person (details supplied). [5489/04]
View answerThursday, 19 February 2004
Questions (206, 207)
Written answers
The person in question entered the State on 10 October 2001 and claimed asylum. The Refugee Applications Commissioner recommended that his claim be refused and he was informed of this recommendation on 7 August 2002. He appealed this recommendation on 20 August 2002. The Refugee Appeals Tribunal affirmed the recommendation and he was informed of this decision on 31 January 2003.
In accordance with section 3 of the Immigration Act 1999 he was informed on 12 March 2003 that it was proposed to make a deportation order in respect of him and was given the following options: to make written representations within 15 working days to the Minister for Justice, Equality and Law Reform setting out reasons he should be allowed to remain in the State, to voluntarily leave the State or to consent to deportation. An application for leave to remain was received from the person's legal representatives on 3 April 2003. I expect the case file to be submitted to me for consideration shortly.
Dan Boyle
Question:207 Mr. Boyle asked the Minister for Justice, Equality and Law Reform the current residency status of a person (details supplied). [5490/04]
View answerThe person concerned made an asylum application in May 2001, but subsequently withdrew the application and applied for residency on the basis of parentage of an Irish child born in December 2001.
Following the decision of the Supreme Court in the case of L v. 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. In that context he will be notified of the proposal and given an opportunity to make representations in relation it. If, in the light of those 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 he will be given leave to remain on a humanitarian basis. Given the large number of such cases on hand I am unable to say at this stage when the file will be examined.