Dáil Éireann Debate, Tuesday - 29 June 2004
372 Mr. O’Dowd asked the Minister for Justice, Equality and Law Reform, further to Question No. 381 of 9 March 2004, if persons (details supplied) in County Louth will be granted permission to remain here. [19382/04]
View answerThe wife arrived in the State on 13 July 2002. She gave birth six days later, 19 July 2002. She then made an application for asylum on 22 August 2002. The husband arrived in the State in September 2002, accompanied by their then four year old son, and made an asylum application. They subsequently withdrew their asylum applications and applied for residency on the parentage of the Irish child born. 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 process would not apply to cases which were outstanding on that date. There are a many such cases outstanding, including the case to which the Deputy refers.
The persons concerned were informed on 3 June 2004, in accordance with section 3 of the Immigration Act 1999 as amended, that it was proposed to make a deportation order in their case. They were given the options of making representations within 15 working days to the Minister for Justice, Equality and Law Reform setting out reasons why they should be allowed to remain in the State, to voluntarily leave the State or to consent to the making of a deportation order. Their case will be considered within the terms set out in section 3(6) of the Immigration Act, 1999. I expect the case to come before me for decision shortly.
373 Mr. Kenny asked the Minister for Justice, Equality and Law Reform if an application for a residency visa by a person (details supplied) can be considered on humanitarian grounds; and if he will make a statement on the matter. [19383/04]
View answerThe immigration division of my Department has recently written to the sponsor of the person referred to by the Deputy seeking documentation about this application. Upon receipt of the requested documentation a decision can be made on the case.
374 Mr. McGuinness asked the Minister for Justice, Equality and Law Reform if a decision will be expedited in the case of a person (details supplied) in County Kilkenny who has applied for permission to stay in the State; the reason applications such as this person’s which are straightforward take up to 12 months to process; if he has a plan to deal with this delay; and if he will make a statement on the matter. [19384/04]
View answerThe person in question has been granted a further period of permission to remain in the State. There is a continuous increase number of applications received by the immigration division of my Department of the type referred to by the Deputy. There were 156 in 2001, 271 in 2003, and 124 up to 31 May 2004. Applications of this type are dealt with on a strict chronological basis and are currently taking approximately 12 months to process. The resources allocated to process such applications depend on the prioritised work requirements of the immigration division of my Department at any one time.
