Dáil Éireann Debate, Wednesday - 7 April 2004
176 Mr. Gilmore asked the Minister for Justice, Equality and Law Reform the position regarding the application for residency by a person (details supplied) in County Dublin which was made to his Department in July 2003; the reason it has taken so long to process this application; if he has made a decision on the application; and if he will make a statement on the matter. [11097/04]
Amharc ar fhreagraThe person in question arrived in the State in July 2002, whereupon he made an application for permission to remain based on parentage of a child born in the State on 30 April 1999. 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 are 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 will be issued to the person in question and he will be 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. Due to the large number of such cases on hand, I am unable to say at this stage when the file will be further examined.
