Dáil Éireann Debate, Tuesday - 27 April 2004
694 Mr. Howlin asked the Minister for Justice, Equality and Law Reform the status of an application for permission to live and work here of persons (details supplied) residing in County Wexford; and if he will make a statement on the matter. [11278/04]
View answerThe person concerned, along with her then 17-month-old daughter, arrived in the State on 5 December 2001 and made an asylum application. She gave birth on 23 February 2002. Her husband arrived in the State on 23 March 2002 and made an asylum application. On 15 April 2002 both withdrew their asylum applications 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. A large number of such cases are outstanding at present, including the cases to which the Deputy refers.
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. 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.
