Seán Crowe
Question:269 Mr. Crowe asked the Minister for Justice, Equality and Law Reform if he will investigate the case of a person (details supplied). [23637/04]
View answerWednesday, 6 October 2004
Questions (151, 152)
Written answers
The person concerned, a Romanian national, entered the State on 6 October 1996 and claimed asylum. He withdrew his application for declaration of refugee status on 24 April 1998 and made an application for residency based on his parentage of an Irish born child. On 21 March 2002 a registered letter issued to the person concerned requesting documentation to support his application. This letter was returned marked "not called for". On 6 November 2002 my Department again wrote to the person concerned requesting the information and a response was received on 19 November 2002.
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. The application from the person concerned fell into this category.
On 10 November 2003, in accordance with section 3 of the Immigration Act 1999, as amended, the person concerned was informed that it was proposed to make a deportation order in respect of him as he did not have permission to remain in the State. He was 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 he 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 his legal representatives on 15 December 2003. The file will be submitted to me for decision in due course and the person concerned will be informed of the outcome accordingly. The issuing of work permits, which is also referred to in the Deputy's question, is a matter for the Minister of Enterprise, Trade and Employment.
Michael Noonan
Question:270 Mr. Noonan asked the Minister for Justice, Equality and Law Reform when a decision will be made on an application for citizenship for a person (details supplied); the residency status of the person pending this decision; and if he will make a statement on the matter. [23638/04]
View answerAn application for naturalisation from the person referred to by the Deputy was received in the citizenship section of my Department on 23 June 2004. The average processing time for such applications is currently 24 months, consequently it is anticipated that the application should be finalised around June 2006.
In the meantime, the individual concerned should ensure that he has current permission to remain in the State and in this regard he should make an application in writing to the immigration division of my Department.