Dáil Éireann Debate, Wednesday - 29 September 2004
1096 Mr. Noonan asked the Minister for Justice, Equality and Law Reform when a decision will be made on an application for residency by persons (details supplied) in County Limerick; if these persons may continue to live here pending the decision; and if he will make a statement on the matter. [21986/04]
View answerBoth persons referred to by the Deputy entered the State on 19 December 2002 and applied for refugee status. The couple were interviewed by the Office of the Refugee Applications Commissioner on 27 March 2003. Following consideration of their cases by the Office of the Refugee Applications Commissioner they were refused refugee status in the State and were notified separately by letters dated 30 April 2003 and 13 May 2003. They subsequently appealed these recommendations to the Refugee Appeals Tribunal. Following an oral hearing on 1 July 2003 their appeals were rejected and the original recommendations affirmed. They were informed of the Refugee Appeals Tribunal decision on 18 July 2003.
In accordance with section 3 of the Immigration Act 1999, as amended, the persons concerned were informed on 9 September 2003 that it was proposed to make deportation orders in respect of them and they were given the following options: to make written representations within 15 working days to the Minister for Justice, Equality and Law Reform setting out reasons as to why they should not be deported, to voluntarily leave the State or to consent to deportation. An application for leave to remain in the State was received from their legal representatives on 30 September 2003.
A child was born to this couple on 8 January 2003 and they applied for residency in the State based on their parentage of an Irish-born child. Following the decision on 23 January 2003 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.
Since the persons in question do not have an alternative legal basis for remaining in the State, the issue of permission to remain will be considered only in the context of the 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, as amended, I decide not to make deportation orders, they will be granted temporary leave to remain in the State. The file will be submitted for a decision shortly and the persons concerned will then be informed in due course of the outcome.
