Tony Gregory
Question:715 Mr. Gregory asked the Minister for Justice, Equality and Law Reform the position regarding the application for residency of persons (details supplied); and if he will make a statement on the matter. [11539/04]
View answerTuesday, 27 April 2004
Questions (656)
Written answers
The persons in question arrived in the State on 17 June 2002 and claimed asylum. The Office of the Refugee Applications Commissioner recommended that they should not be declared as refugees and they were notified of this recommendation on 4 February and 10 February 2003 respectively. The persons in question appealed this recommendation to the Refugee Appeals Tribunal. Following an oral hearing, the original recommendation was affirmed and they were informed of this decision on 30 April 2003.
In accordance with Section 3 of the Immigration Act, 1999, the persons concerned were informed on 18 June 2003 that it was proposed to make deportation orders in their case. They were given the options of making representations within 15 working days setting out the reasons as to why they should not be deported that is be allowed to remain temporarily in the State; leaving the State voluntarily before the order was made; or consenting to the making of a deportation order. Representations were received on behalf of the persons concerned. Their case file will be considered under a range of factors as set out in section 3(6) of the Immigration Act 1999, including, inter alia, domestic circumstances, employment history and employment prospects.
While pursuing their asylum claims, the persons concerned, on 21 August 2002, also applied for residency in the State on the basis of an 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. Given the large number of such cases on hand, I am unable to say at this stage when the file will be examined.