The person in question arrived in the State in June 2000 under the work permit scheme and was granted permission to remain on that basis.
In January 2003 the person applied for permission to remain in the State based on 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 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. Where such persons have an alternative legal basis to remain in the State their applications are simply returned to them, as in the case of the person concerned.
I understand that the person's work permit is pending renewal by the Department of Enterprise, Trade and Employment, whereupon he may seek a further extension of his permission to remain in the State.