Dáil Éireann Debate, Tuesday - 2 February 2010
368 Deputy Jack Wall asked the Minister for Justice, Equality and Law Reform, further to Parliamentary Question No. 189 of 21 January 2010, if correspondence (details supplied) will be noted; and if he will make a statement on the matter. [4675/10]
View answerOn 27 May 2008, the person concerned, through his legal representative, submitted an application to remain in the State on the basis of his parentage of an Irish born Child. He was notified by letter dated 29 May 2008 that there was no procedure in place through which applications to remain in the State could be made on the sole basis of parentage of an Irish born child. He was further informed that as a person who was illegally present in the State, the Minister proposed to make a Deportation Order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out reasons why he should not have a Deportation Order made against him. Representations were received from the person concerned at that time.
The position in the State of the person concerned will now be decided by reference to the provisions of Section 3(6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. All representations submitted will be considered before the file is passed to me for decision. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.
The letter dated 16 December 2008, referred to by the Deputy, is an acknowledgment issued by a representative of my Department to the legal representative who submitted additional representations, dated 5 December 2008, on behalf of the person concerned.
