Dáil Éireann Debate, Tuesday - 6 April 2004
338 Mr. Carey asked the Minister for Justice, Equality and Law Reform if he will review the decision to deport a person (details supplied) in Dublin 11 in view of the good work they are doing in the community; and if he will make a statement on the matter. [10461/04]
Amharc ar fhreagraThe person in question arrived in the State in October 2002 and made an application for asylum. His wife had arrived in the State the previous month, September, and made an asylum application. She had a child in October 2002. Both withdrew their asylum applications and applied for residency on the basis of parentage of an Irish born child.
Following the decision of the Supreme Court in the cases of L & 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 make a deportation order. In that context, a notification of a proposal to make a deportation order issued to the person in question on 9 March 2004 and he was 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, he will be given leave to remain on a humanitarian basis.
Given the large number of such cases on hand I am unable to say at this stage when the file will be further examined.
