John McGuinness
Question:340 Mr. McGuinness asked the Minister for Justice, Equality and Law Reform if an application for family reunification will be expedited in the name of a person (details supplied) in County Dublin. [10490/04]
View answerTuesday, 6 April 2004
Questions (249, 250)
Written answers
The application for family reunification by the person concerned in respect of his two nieces was refused in February 2004. An appeal against this decision was subsequently lodged. Further documentation to support the appeal has been requested from the applicant and a decision on the appeal will be taken on receipt of this documentation.
John McGuinness
Question:341 Mr. McGuinness asked the Minister for Justice, Equality and Law Reform if permission to remain in the State in the case of persons (details supplied) in County Kilkenny will be expedited. [10525/04]
View answerThe persons concerned both made an application for asylum in the State, the husband in April 2001 and the wife in September 2001. They subsequently withdrew their asylum applications and made an application for residency on the basis of their parentage of an Irish born 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 persons referred to by the Deputy withdrew their asylum applications after this date and therefore an application for residency based solely on parentage of an Irish born child could not be accepted.
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, but only in the context of a ministerial proposal to deport them. In that context they have already been notified of such a proposal on 3 March 2004 and given an opportunity to make representations in relation to it. 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 they 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.