Dáil Éireann Debate, Thursday - 16 December 2004
184 Mr. Penrose asked the Minister for Justice, Equality and Law Reform when an application for residency by a person (details supplied) and their family will be processed as same has been applied for since 2002; the reasons for same including medical reasons have been clearly set out therein; and if he will make a statement on the matter. [34012/04]
View answerThe person concerned arrived in the State in November 2000 and made an application for asylum. His wife arrived in December 2000 and also claimed asylum. In February 2002 his wife gave birth. They withdrew their asylum applications and applied for permission to remain in the State on the basis of their parentage of an Irish-born 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 is a large number of such cases outstanding at present, including the case to which the Deputy refers.
Since the persons in question do 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 them. 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 they will be given leave to remain on a humanitarian basis. However, the Deputy should be aware that I have recently announced that the Government has approved my proposals to introduce revised arrangements for the processing of claims for permission to remain in the State from non-national parents of Irish-born children with effect from early 2005. The persons in question may apply for residency in the State under the revised arrangements as they are parents of an Irish-born child.
