Vol. 572 No. 5
149 Mr. Morgan asked the Minister for Justice, Equality and Law Reform if parents of Irish born children who can prove their residency here before the Supreme Court decision of 23 January and whose children were born before that date will be permitted to reside here; when a decision will be made in respect of this issue; and if he will make a statement on the matter. [23661/03]
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. The Government decided that the separate procedure would not apply to cases outstanding on that date.
In such cases when the person has an alternative legal basis for remaining in this jurisdiction the application will simply be returned. If a person does not have such 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. In that context the person will be notified of the proposal and given an opportunity to make representations in relation to it. If, in the light of those representations, the range of factors set out in section 3(6) of the Immigration Act 1999, and the prohibition on refoulement, the Minister decides not to make a deportation order the person will be given leave to remain on a humanitarian basis.
150 Mr. Morgan asked the Minister for Justice, Equality and Law Reform the criteria which will apply when considering cases of parents of Irish born children, where those children were born prior to the Supreme Court decision of 23 January; the length of time he expects it will take to consider all cases currently with his Department; and if he will grant work permits in these situations while such cases are being considered. [23662/03]
Following the decision of the Supreme Court on 23 January in the cases of L and O, which held that no automatic residency rights obtain in respect of non-national parents of Irish born children, the Government decided that the separate procedure which had then existed to enable persons to apply to reside in the State on the sole basis of parentage of an Irish born child would not apply to cases which were outstanding on 19 February, that is, cases where applications were lodged but where no decision had been made.
In relation to outstanding claims to reside in the State on the basis of parentage of an Irish born child, numbering approximately 11,000, and future claims for leave to remain in the State from the non-national parents of Irish born children the Government decided that every such case would be examined and decided individually.
In respect of every person, including a parent of Irish born children, who has no legal entitlement to remain in the State, a letter issues under the terms of section 3(4) of the Immigration Act 1999, informing him or her of the Minister's intention to deport. The person is allowed 15 days in which to opt for one of the following: make representations to the Minister setting out the reasons why he or she should not be deported that is, be allowed to remain temporarily in the State; leave the State before an order is made; or consent to the making of a deportation order.
If the person opts to make representations as to why he or she should not be deported, a range of factors specified in section 3(6) of the Immigration Act 1999, as amended, is taken into account in making a decision the case. These factors include the person's individual family and domestic circumstances and humanitarian considerations. In the case of a parent of Irish born child, particular regard is given to the Supreme Court judgment in the L and O case and the subsequent judgments in this area.
Given the complexity of the task which the individual consideration of each of the outstanding Irish born child cases will involve, it was agreed that additional staff resources would be provided, by way of a levy on Departments, to process these cases. These staff will be coming on stream from next month to begin work on case processing. At this stage it is not possible to give an accurate estimate of how long on average it will take to process cases, as some will be more complex than others.
With regard to the issue of work permits, I assume the Deputy is referring to those applicants for residency who do not enjoy an existing legal basis for residing in the State which enables them to work in the State. If the applicant is a current asylum applicant the position is that such persons are prohibited by law from entering employment in accordance with section 9(4)(b) of the Refugee Act 1996. Therefore the issue does not arise.
In so far as the remainder of such persons are concerned, the course of action proposed by the Deputy would involve the granting of permission to work in the State to persons who do not have permission to reside in the State. Consequently I could not agree to such an approach.
