Dáil Éireann Debate, Wednesday - 27 October 2004
288 Ms O’Sullivan asked the Minister for Justice, Equality and Law Reform when a decision will be made on the application for asylum of persons (details supplied) in County Clare who first applied in 2001; and if he will make a statement on the matter. [26046/04]
Amharc ar fhreagraThe wife in question arrived in the State and made an asylum application on 24 July 2001. On 20 October 2001, she gave birth. She withdrew her asylum application and applied for residency on the basis of parentage of that child. On 3 January 2002, her husband arrived in the State and applied for residency on the same basis. He did not make an application for asylum. 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 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.
As 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. 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 when the file will be examined.
