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Residency Permits.

Dáil Éireann Debate, Wednesday - 17 November 2004

Wednesday, 17 November 2004

Questions (365)

Tony Gregory

Question:

405 Mr. Gregory asked the Minister for Justice, Equality and Law Reform the reason the application of a person (details supplied) in Dublin 1 for residency here was returned without having been processed; and if he will make a statement on the matter. [28910/04]

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Written answers

Following the Supreme Court's decision in the cases of L and O, the separate procedure which existed to enable persons to apply to reside in the State on the basis of parentage of an Irish-born child ended on 19 February 2003. The Government decided that the procedure would not apply to cases outstanding on that date. The application was simply returned in cases in which the person had an alternative legal basis for remaining in this jurisdiction. The person to whom the Deputy refers had an alternative legal basis to remain in the State and the application was returned 21 July 2003. The issue of permission to remain will be considered if a person does not have an alternative legal basis for remaining in this jurisdiction, but only in the context of a ministerial proposal to deport. In such cases, the person will be notified of the proposal and given an opportunity to make representations in that regard. If the Minister decides not to make a deportation order following such representations, the factors set out in section 3(6) of the Immigration Act 1999 and the prohibition on refoulement, the person will be given leave to remain on a humanitarian basis.

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