Dáil Éireann Debate, Thursday - 19 February 2004
213 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform if he will consider granting leave to remain to all non-nationals who were residing here with their Irish citizen children prior to the Supreme Court decision of 23 January 2003. [5510/04]
Amharc ar fhreagra215 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform if he will consider granting leave to work, study or train to parents of Irish children affected by the 2003 Supreme Court judgement pending the determination of their applications. [5512/04]
Amharc ar fhreagraI propose to take Questions Nos. 213 and 215 together.
Following the decision of the Supreme Court in the case of L v. 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 2003. The Government decided that the separate procedure would not apply to cases which were outstanding on that date.
However, for any parent of an Irish born child who had an outstanding application and who does not have 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 him or her. 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 and the range of factors set out in section 3(6) of the Immigration Act 1999, the Minister decides not to make a deportation order the person will be given leave to remain on a humanitarian basis. The nature of the permission given to such persons exempts them from the employment permit requirement.
I have no plans to introduce a specific provision whereby persons who are not permitted to be in the State nonetheless have permission to work, study or train in the State. An entitlement or a permission to be in the State is a clear prerequisite to engaging in any type of activity while in the State.
