Thursday, 4 March 2004

Questions (129, 130)

David Stanton

Question:

124 Mr. Stanton asked the Minister for Justice, Equality and Law Reform if he has given consideration under section 3 of the Immigration Act, 1999 to give leave to a person (details supplied) in County Cork to remain in the State; if this person will be issued with identification documents; and if he will make a statement on the matter. [7406/04]

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

The person in question arrived in the State in June 2002 and made an asylum application. This application was unsuccessful. She had an Irish born child in September 2002 and applied for residency on the basis of parentage of that 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 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 her. In that context she has already been notified of such proposal and was given an opportunity to make representations in regard 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, the Minister decides not to make a deportation order she will be given leave to remain on a humanitarian basis.

If she is given permission to remain in the State she would then be in a position to register with the Garda National Immigration Bureau and obtain a certificate of registration card. Because of the large number of such cases on hand I am unable to say at this stage when the file will be further examined.

David Stanton

Question:

125 Mr. Stanton asked the Minister for Justice, Equality and Law Reform the number of applications for persons being considered under section 3 of the Immigration Act, 1999 regarding whether they should be given leave to remain in the State or obliged to return to their country of origin; and if he will make a statement on the matter. [7407/04]

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I presume that the Deputy is referring to the number of representations made by applicants for leave to remain made pursuant to section 3(6) of the Immigration Act, 1999 as amended.

In relation to the number of applications for leave to remain, it should be noted that this issue arises only in a circumstance where a non-national is served with a notice of intent to deport under section 3(3)(a) of the Immigration Act, 1999. A person served with such a notice of intent is afforded three options, viz., to leave the State voluntarily; to consent to the making of the deportation order; or to make representations in writing within 15 working days setting out reasons as to why a deportation order should not be made and why temporary leave to remain in the State be granted instead.

Under section 3(6) of the Act the Minister, in determining whether to make a deportation order, shall have regard to 11 specified considerations, one of which is any representation made by or on behalf of the person. The determination as to whether a deportation order is made or whether leave to remain is granted is not dependent on whether, in fact, the person has made representations for leave to remain. Thus, statistics are not maintained to distinguish between cases where representations have been made for leave to remain from those where no such representations were made.