Dáil Éireann Debate, Tuesday - 27 April 2004
691 Mr. Morgan asked the Minister for Justice, Equality and Law Reform when a decision will be made in the case of a person (details supplied) who has applied for residency here in January 2001; and if he will make a statement on the matter. [11275/04]
View answerThe person concerned arrived in the State and made an asylum application in July 2001. Her husband followed her to the State and made an asylum application in September 2001. She gave birth on 18 September 2001. Both withdrew their asylum applications in November 2001 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 them. If, in the light of representations received and the range of factors set out in section 3(6) of the Immigration Act 1999, I decide not to make a deportation order they 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.
