The persons concerned applied for permission to remain in the State on the basis of having an Irish born child prior to 1 January 2005, in accordance with the revised arrangements announced by me on 15 January 2005. It is a requirement under the revised arrangements that each applicant is residing with their Irish born child in the State on a continuous basis since the child's birth and that evidence of such residence be provided with each application.
In this case, the child in question was born in the State on 19 November 2003. The applicant father was granted permission to remain in the State on 27 May 2005, on the basis of the information submitted by him in his application. The applicant mother was refused permission to remain on 19 September 2005 on the basis that she did not provide satisfactory evidence of being continuously resident in the State since her child's birth. In addition, there is evidence from her on file which indicates that she returned to Nigeria sometime after November 2003 and that she was living there in July 2004. In light of this evidence, the father's application was reconsidered. The permission to remain in the State, granted to him on 27 May 2005, was revoked on the basis that he could not have been residing in the State with the child, while the child was with his mother in Nigeria. The applicants do not meet the criteria for the granting of permission to remain in the State under the revised arrangements in so far as continuous residency is concerned and their applications were refused on this basis.
