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Deportation Orders.

Dáil Éireann Debate, Wednesday - 29 September 2004

Wednesday, 29 September 2004

Ceisteanna (881)

Brendan Howlin

Ceist:

1062 Mr. Howlin asked the Minister for Justice, Equality and Law Reform if in respect of an application for permission to remain here, he will take account of the fact that a Romanian couple with an Irish-born child (details supplied) have established strong ties with County Wexford where both are undertaking FÁS courses; if he will delay the making of a deportation order to enable them to complete this training and to further consideration of their application to live and work here; and if he will make a statement on the matter. [21679/04]

Amharc ar fhreagra

Freagraí scríofa

The couple concerned arrived in the State and made an asylum application in April 2002. In June 2002 the wife gave birth. They withdrew their asylum applications and applied for residency on the basis of parentage of the Irish born child. 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 are a large number of such cases outstanding at present, including that to which the Deputy refers.

Since the persons in question do 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 them. In that context, a notification of a proposal to make a deportation order issued to the persons in question on 13 August 2004 and they were given an opportunity to make representations in respect of it. If, in the light of representations received 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 they 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 examined.

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