Tony Gregory
Question:136 Mr. Gregory asked the Minister for Justice, Equality and Law Reform the position regarding the application by a person (details supplied) for residential status on humanitarian grounds. [10355/04]
View answerThursday, 1 April 2004
Questions (136)
Written answers
The person in question arrived in the State on 24 August 2001 and made an asylum application. Her asylum claim was refused on 8 November 2002 and again on appeal on12 May 2003. On 18 September 2002 she gave birth to a child in the State and made an application 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 a proposal on 12 May 2003 and was given an opportunity to make representations in relation 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. 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.