Dáil Éireann Debate, Wednesday - 26 January 2005
803 Mr. Timmins asked the Minister for Justice, Equality and Law Reform the position in relation to the case of persons (details supplied) in County Wicklow; if they need to reapply under the revised arrangements for residency for permission to remain in the State on the basis of parentage of an Irish child born before 1 January, 2005; if this can be examined; and if he will make a statement on the matter. [2107/05]
View answerThis Nigerian couple arrived separately in the State on 23 April 2002 and 09 October 2002 whereupon they applied for asylum. They withdrew from the asylum process and sought residency on the basis of their parentage of a child born in Ireland in 2002.
Subsequently, in accordance with the Immigration Act 1999, as amended, they were informed by letter dated 3 September 2004 that it was proposed to make deportation orders in their case. They were given the options, to be exercised within 15 working days, of making representations to the Minister setting out reasons that they should be allowed to remain temporarily in the State, leaving the State before deportation orders are signed or consenting to the making of deportation orders.
In the normal course of events, the couple's case files, including all representations submitted, would be considered under section 3(6) of the Immigration Act, 1999, as amended and under section 5 of the Refugee Act, 1996, as amended (Prohibition of Refoulement).
However, this couple, as the parents of Irish born children, may, if they so wish, apply to have their application considered under the new arrangements introduced by me for the consideration of applications for permission to remain made by the non-national parents of Irish born children born before 1 January 2005. An information notice setting out details of the new arrangements and the appropriate application form is available from the Department's website www.justice.ie. Application forms are also available from Garda district headquarters stations outside Dublin, at all Reception and Integration Agency accommodation centres country-wide and from various non-governmental organisations working with immigrants and asylum seekers.
804 Mr. Timmins asked the Minister for Justice, Equality and Law Reform the position in relation to the case of persons (details supplied) in County Wicklow; if they need to reapply under the revised arrangements for residency for permission to remain in the State on the basis of parentage of an Irish child born before 1 January, 2005; if this can be examined; and if he will make a statement on the matter. [2108/05]
View answerThe persons concerned already have status in the State on the basis of their parentage of an Irish born child. There is no requirement for them to apply again under the revised arrangements, announced publically on 15 January 2005, for the consideration of applications for permission to remain in the State made by the non-national parents of Irish born children born before 1 January 2005.
