Thursday, 26 February 2004

Questions (155, 156)

Dan Boyle

Question:

154 Mr. Boyle asked the Minister for Justice, Equality and Law Reform the process being pursued regarding persons (details supplied). [6488/04]

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

In the cases concerned, the wife arrived in the State in July 2002 and made an asylum application, the husband arrived in the State in December 2002 and made an asylum application. Both applications were unsuccessful. They also applied for residency on the basis of parentage of an Irish child born in December 2002.

Following the decision of the Supreme Court in the cases of L & O, the separate procedure that 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. At present there are a large number of such cases outstanding, including the case referred to by the Deputy.

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 have already been notified of such a proposal and were given an opportunity to make representations. If, in the light of representations and a 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 present I cannot say when the file will be further examined because of the large number of such cases on hand.

Dan Boyle

Question:

155 Mr. Boyle asked the Minister for Justice, Equality and Law Reform the process being pursued regarding a person (details supplied) in County Cork. [6489/04]

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The person in question made an application for asylum and is currently awaiting a final determination. She is entitled to remain in the State pending the result being issued to her.

The person also made an application for permission to remain in the State based on parentage of an Irish child born in September 2002. Following the decision of the Supreme Court in the cases of L & O, the separate procedure that 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. At present there are a large number of such cases outstanding, including the case referred to by the Deputy.

Permission to remain on the basis of parentage of an Irish born child will only be considered in the context of a ministerial proposal to deport her. It will only occur if she is refused refugee status in the State. In that context she would be notified of the proposal and given an opportunity to make representations. If, in the light of representations and a range of factors set out in section 3(6) of the Immigration Act 1999, the Minister decides not to make a deportation order she will be given leave to remain on a humanitarian basis.