Dáil Éireann Debate, Tuesday - 24 February 2004
474 Mr. Perry asked the Minister for Justice, Equality and Law Reform when a decision will be made on an application by a person (details supplied) for residency; and if he will make a statement on the matter. [6140/04]
View answerThe person concerned applied for asylum in the State on 2 August 2002. He subsequently withdrew this application on 11 September 2002 and made an application for residency in the State on the basis of his parentage of an Irish child born on 30 August 2002.
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 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. If, in the light of representations received 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.
Because of the large number of such cases on hand I am unable to say at this stage when the file will be examined.
