Dáil Éireann Debate, Wednesday - 29 September 2004
1083 Mr. P. Breen asked the Minister for Justice, Equality and Law Reform the procedure a person (details supplied) in County Clare must follow in order to make a new application for permanent residency which includes permission to work here; and if he will make a statement on the matter. [21847/04]
Amharc ar fhreagraThe Immigration Division of my Department has recently been in correspondence with the person concerned, informing her of the procedures to be followed if she wishes to reside and work in the State.
1084 Mr. P. Breen asked the Minister for Justice, Equality and Law Reform when a person (details supplied) in County Clare will receive her stamped passport from his Department; and if he will make a statement on the matter. [21848/04]
Amharc ar fhreagraThe person in question was granted permission to reside in the State on 31 July 2003 based on her marriage to an Irish national. On the 5 July 2004 a letter was received requesting renewal of the permission to remain. However, there has been a major change in circumstances, which requires consideration. It has been decided to grant a renewal of the permission to remain for a further period pending consideration of all the circumstances peculiar to this case. The person in question will receive notification of this shortly.
1085 Mr. P. Breen asked the Minister for Justice, Equality and Law Reform if he will reconsider his decision regarding an application for residency for a person (details supplied) in County Clare; and if he will make a statement on the matter. [21853/04]
Amharc ar fhreagraThe person in question, along with her husband, arrived in the State and made an asylum application in July 2001. In December 2001 she gave birth. Both withdrew their asylum applications and applied for residency in the State on the basis of parentage of that 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. The case to which the Deputy refers was one of the large number of such cases outstanding at that time.
The person in question, along with her husband, re-applied for asylum on 1 September 2003. Since this gave them an alternative legal basis for remaining in this jurisdiction the application for residency based on parentage of an Irish-born child was simply returned on 20 July 2004. The issue of permission to remain can be considered, but only in the context of a ministerial proposal to deport her in the event that her asylum application is refused. If, in the light of representations received and the range of factors set out in section 3(6) of the Immigration Act 1999, I decide not to make a deportation order she will be given leave to remain on a humanitarian basis.
