The person in question made an application for permission to remain in the State based solely on marriage to an Irish national. This application was considered and a notification of refusal issued on 18 October 2005.
With reference to the matter of the Irish-born child, it should be noted that following the decision of the Supreme Court in the cases of L and 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. A revised arrangement was introduced on 12 January 2005 to address the issue of parents of Irish-born children who continued to reside in the State after the child was born. Applications for residency were invited and the scheme was open from 12 January to 31 March 2005. There is no evidence that the person in question made an application under this scheme.
As the person in question does not have an alternative legal basis for remaining in this jurisdiction, the issue of permission to remain based on parentage of an Irish-born child will only be considered in the context of a ministerial proposal to deport him. In that context, the letter of 18 October 2005 referred to above contained a notification of a proposal to make a deportation order and the person has been given an opportunity to make representations concerning it. If, in the light of representations received and the range of factors set out in section 3(6) of the Immigration Act 1999, I decide not to make a deportation order, the person will be given leave to remain on a humanitarian basis.