Tuesday, 19 October 2004

Questions (305)

Pat Breen

Question:

446 Mr. P. Breen asked the Minister for Justice, Equality and Law Reform if consideration will be given to the application by a person (details supplied) in County Clare for residency; and if he will make a statement on the matter. [25049/04]

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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 in July 1997. His asylum application was refused in September 1998 and he appealed that decision. He withdrew this appeal in March 1999 and made an application for permission to remain in the State on the grounds that he is the parent of a child born in the State in June 1998.

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 at present, 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 him. Such a notification proposing deportation from the State issued to the person in question on 14 September 2004. 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, he will be given leave to remain on a humanitarian basis. I am unable to say when the file will be examined because of the large number of such cases on hand.