Dáil Éireann Debate, Tuesday - 6 April 2004
352 Mr. Howlin asked the Minister for Justice, Equality and Law Reform the position in relation to the application for residency by a person (details supplied) in County Wexford who is the parent of an Irish-born child; and if he will make a statement on the matter. [10712/04]
View answerThe person concerned, along with her then six year old son, arrived in the State on 19 August 2002 and made an asylum application. On 4 September 2002 she gave birth. On 8 October 2002 she withdrew her asylum application and applied for residency on the basis of parentage of the Irish born child.
Following the decision of the Supreme Court in the cases of L and 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. If, in 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 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 examined.
