Vol. 573 No. 2
170 Mr. Durkan asked the Minister for Justice, Equality and Law Reform if he will reconsider applications for a visa in the case of persons (details supplied) who are anxious to obtain residency status; and if he will make a statement on the matter. [24735/03]
The parents of the persons in question have permission to reside in Ireland based on their parentage of an Irish born child. The visa applications in question relate to their four children who wish to join them in the State.
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 also decided that the general policy of allowing such parents to be joined in the State by other family members would no longer apply. Accordingly, my Department's immigration division does not generally approve visas in respect of such applications.
171 Mr. Durkan asked the Minister for Justice, Equality and Law Reform if and when residency or naturalisation will be offered in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [24736/03]
The person concerned and her son, both of whom are Nigerians, arrived in the State on 15 June 1998 and applied for asylum. Their claim for refugee status was considered under the process then applicable and refused by my Department's asylum division on 24 November 1999. They were notified of the decision on 10 December 1999. The applicants then appealed this decision to the then appeals authority which affirmed the decision of the asylum division.
In accordance with section 3 of the Immigration Act 1999 the persons concerned were informed on 14 November 2001 that the Minister proposed to make deportation orders in respect of them. They were, in accordance with the Act, given the options of making representations within 15 working days setting out the reasons they should not be deported. These are as follows: be allowed to remain temporarily in the State; leave the State before the order was made; or consent to the making of deportation orders.
Representations setting out reasons they should not be deported were received and I expect a case file to be submitted to me shortly for decision. This decision will be taken after consideration of a number of factors which are specified in section 3(6) of the Immigration Act 1999, as amended. These factors include considerations relating to the common good, the person's family and domestic circumstances and humanitarian considerations. Consideration will also be given to the prohibition on refoulement contained in section 5 of the Refugee Act 1996, as amended.
The persons concerned will be notified of my decision as soon as possible.
172 Mr. Durkan asked the Minister for Justice, Equality and Law Reform when residency status will be decided in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [24737/03]
I refer the Deputy to my reply to Parliamentary Question No. 361 of 21 October.
