Dáil Éireann díospóireacht -
Wednesday, 15 Oct 2003

Vol. 572 No. 4

Written Answers. - Residency Permits.

Jan O'Sullivan

Ceist:

70 Ms O'Sullivan asked the Minister for Justice, Equality and Law Reform the position in regard to discussions regarding policy effects of the decision of the Supreme Court of 23 January 2003 regarding the rights of non-EU nationals whose children have been born here; and if he will make a statement on the matter. [23377/03]

Minister for Justice, Equality and Law Reform (Mr. McDowell)

Following the Supreme Court judgment in the cases of L and O on 23 January 2003, I undertook a detailed consideration of the judgment and discussed the matter with the Attorney General. Following that consideration I brought proposals to Government on a strategy for the handling of claims for leave to remain in the State from the non-national parents of Irish-born children. The details of that strategy were announced on 17 July 2003 and a notice was published on 18 July 2003 setting out the position as regards those claims which had not been processed before 19 February 2003, when I ceased accepting new applications.

Non-nationals who are resident in the State must ensure that they have a legal basis for residence and, even if they become the parent of a child born in Ireland, they must continue to ensure that they have a legal basis for their residence. Now claims for leave to remain in the State from the non-national parent of an Irish-born child on the sole basis of the parentage of the child are considered only in the context of a proposal to deport the person concerned. In considering claims for leave to remain in the State from the non-national parents of Irish-born children, the circumstances in each case will be examined and each case will be decided individually. Section 3 of the Immigration Act 1999 sets out the timescale and the matters to be considered in these cases.

There were some 11,000 claims for leave to remain which had not been finalised before 19 February 2003. In those cases where the persons have an alternative legal basis for remaining in the State, they are being informed that their claim will not be considered. Where the persons do not have an alternative legal basis for remaining in the State, they are being issued with a letter informing them that they may be subject to deportation and inviting them to give reasons why they should not be deported. A decision will be made individually in each case based on the facts of the case and in accordance with section 3 of the Immigration Act 1999.

The Government recognises that the workload in dealing with the 11,000 cases on hands is substantial. Additional staff are to be provided in my Department to assist in processing these cases as quickly as possible. With the approval of the Minister for Finance, staff are to be obtained for a period of one year as a levy on Government Departments to deal with this issue. I expect these staff to be in place in the near future.

The applicants are also being given the option of returning voluntarily to their countries of origin with, if necessary, payment of their transport costs. The International Organisation for Migration is available to assist persons who wish to avail of their services in this regard.