Dáil Éireann Debate, Thursday - 3 June 2004
182 Ms Enright asked the Minister for Justice, Equality and Law Reform when the application by a person (details supplied) in County Offaly for a residents permit as a parent of an Irish-born child made to his Department on 7 August 2002 will be processed. [17131/04]
View answerThe person in question entered the State on foot of a work permit issued for the period 22 February 2002 to 21 February 2003. His wife had entered the State in April 2000 and made an application for asylum. She gave birth in July 2000 and withdrew her asylum application and made an application for residency on the basis of parentage of that Irish-born child. This was granted in March 2001. The person in question made an application in August 2002 for residency based on parentage of the 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 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, the Minister decides not to make a deportation order he 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.
