Dáil Éireann Debate, Thursday - 3 June 2004
163 Mr. F. McGrath asked the Minister for Justice, Equality and Law Reform if he will intervene in this immigration and citizenship case (details supplied); and to give the maximum support and assistance. [17031/04]
View answerThe person in question arrived in the State in August 2002 and made an application for asylum. In December 2002, she gave birth. She withdrew her asylum application and applied for residency on the basis of parentage of that 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 is 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 make a deportation order. In that context, a notification of a proposal to make a deportation order issued to the person in question on 5 April 2004 and she was given an opportunity to make representations in relation to it. If, in the light of those representations and the range of factors set out in section 3(6) of the Immigration Act 1999, it is decided not to make a deportation order she 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 further examined.
164 Mr. McGuinness asked the Minister for Justice, Equality and Law Reform if an application will be expedited for permission to remain in the State in the name of persons (details supplied) in County Kilkenny under section 3 of the Immigration Act 1999; if consideration will be given on humanitarian grounds; and if he will make a statement on the matter. [17037/04]
View answerThe husband in question arrived in the State in March 2001 and made an application for asylum. His wife arrived in the State in December 2001 and made an asylum application. Both asylum applications were refused in June 2002. The wife gave birth in October 2002 and the couple applied for residency based on parentage of that 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 is a large number of such cases outstanding at present, including the case 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 make a deportation order. In that context, a notification of a proposal to make a deportation order issued to the persons in question on 8 April 2004 and they were given an opportunity to make representations in relation to it. If, in the light of those representations 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 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 further examined.
