Dáil Éireann Debate, Tuesday - 29 June 2004
353 Mr. Morgan asked the Minister for Justice, Equality and Law Reform when a person (details supplied) in County Louth will be granted a green card in view of the fact that he meets all criteria to hold such a card; and if he will make a statement on the matter. [19023/04]
View answerThe person in question arrived in the State in March 2000 and made an unsuccessful application for asylum. He subsequently married an Irish national in October 2001 and applied for permission to remain in the State based on that marriage. This application is under consideration and it is expected that it will be finalised shortly.
354 Mr. Howlin asked the Minister for Justice, Equality and Law Reform the status of a person (details supplied) in County Wexford who has resided here for four years. [19024/04]
View answerThe person referred to in the question, a national of the Democratic Republic of the Congo, was refused refugee status in the State following consideration of her case by the Office of the Refugee Applications Commissioner and on appeal by the Refugee Appeals Tribunal. A notification under section 3(3)(a) of the Immigration Act 1999 issued to the person on 10 October 2002 in which she was advised that the Minister had decided to refuse her a declaration as a refugee and setting out the options now open to her, namely, to leave the State voluntarily before the Minister decided whether or not to make a deportation order in respect of her; to consent to the making of a deportation order in respect of her; or to make written representations to the Minister setting out reasons she should be allowed to remain temporarily in the State.
The case file in this matter must be examined having regard to the criteria set down in section 3(6) of the Immigration Act 1999 and section 5 of the Refugee Act 1996 (Prohibition of Refoulement). In this latter respect, refoulement has been an issue in respect of DR Congo and consideration of the file has been postponed pending developments in this regard. It is noted that the situation in that country is improving and other EU member states have begun returning persons there. I expect therefore that the case file will be submitted to me for a decision shortly.
355 Mr. Howlin asked the Minister for Justice, Equality and Law Reform the status of a person (details supplied) in County Wexford who has resided here for more than two years. [19025/04]
View answerThe person in question arrived in the State on 12 November 2001 and made an application for asylum. Her husband arrived on 17 December 2001 and also made an asylum application. The following month, 13 January 2002, the wife gave birth. Both withdrew their asylum applications 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 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. Many such cases are outstanding, 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 will issue to the persons in question and they will be given an opportunity to make representations in that regard. 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. Due to the number of such cases on hand I am unable to say at this stage when the file will be further examined.
