Dáil Éireann Debate, Tuesday - 9 March 2004
381 Mr. O’Dowd asked the Minister for Justice, Equality and Law Reform the position regarding the application by a person (details supplied) in County Louth to remain here with regard to his missionary work. [7571/04]
Amharc ar fhreagraThe person concerned arrived in the State in September 2002 and made an asylum application. His wife had arrived in the State in July 2002, gave birth six days later and made an application for asylum in August 2002. Both subsequently withdrew their asylum applications and applied for residency on the basis of parentage of the Irish child born.
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 2003. The Government decided that the separate procedure would not apply to cases which were outstanding on that date. There is a large number of such cases outstanding at present, including the case to which the Deputy refers.
Since the person in question 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. If, in the light of representations received, which can include mention of his missionary work 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, he will be given leave to remain on a humanitarian basis. Because of the large number of such cases on hand, I am unable to say at this stage when the file will be examined.
