Tuesday, 19 October 2004

Questions (298)

John McGuinness


439 Mr. McGuinness asked the Minister for Justice, Equality and Law Reform the status of a person (details supplied) in County Kilkenny; and if they can now seek full-time employment without having to apply for a work permit. [24996/04]

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Written answers (Question to Minister for Justice, Equality and Law Reform)

The person in question arrived in the State and made an asylum application on 29 January 2002. On 10 February 2002 she gave birth. She withdrew her asylum application and applied for residency on the basis of parentage of that 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, 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 her. 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, she will be given leave to remain on a humanitarian basis in which case she will then be in a position to seek and enter employment in the State. I am unable to say when the file will be examined because of the large number of such cases on hand.