The 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.