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Dáil Éireann díospóireacht -
Tuesday, 11 Nov 2003

Vol. 574 No. 1

Written Answers. - Residency Applications.

Finian McGrath

Ceist:

442 Mr. F. McGrath asked the Minister for Justice, Equality and Law Reform the number of immigrant parents of Irish born children; if fair and transparent procedures for residency applications will be put in place; if the human rights of these persons will be respected. [26045/03]

My Department does not have statistics of the number of immigrant parents of Irish born children. However, of those who applied to my Department for residency on the basis of parentage of an Irish born children, 10,584 were granted residency between 1996 and 23 January 2003. There are a further 11,493 such cases on hand.

Following the decision of the Supreme Court on 23 January 2003 in the cases of L & 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 2003 – 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 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(3) of the Immigration Act 1999, as amended, 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.

Where a person does not consent to a deportation order or does not leave the State voluntarily, the Minister is required to take a number of factors which are specified in section 3(6) of the Immigration Act 1999, as amended, into account in determining whether or not a deportation order should be made. These factors include considerations relating to the common good, 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&O case and the subsequent judgments in this area. The Minister is also required to consider the prohibition on refoulement which is contained in section 5 of the Refugee Act 1996 as amended.

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