Visa applications from the two persons in question, both 16 year old non-EEA nationals, were received in my Department on 27 May 2004. They named their father as their reference in Ireland and he submitted documentation in support of the applications. While the purpose of their journey to the State was stated as for studying in their applications, their father indicated that they would be coming to reside with him. Their father arrived in the State in February 1998 and made an unsuccessful asylum application. He subsequently applied for permission to remain on the basis of parentage of a child born in the State on 29 October 1999. This permission was granted in October 2000.
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 also decided that the general policy of allowing such parents to be joined in the State by other family members would no longer apply. Accordingly, the immigration division of my Department does not generally approve visas in respect of such visa applications.