The second named person concerned was granted leave to remain in the State on 24 January 2005 on the basis of being a family dependant of a person who had permission to remain in the State based on parentage of an Irish born child. The fact that the second named person is now married will not affect her residency in the State. As there is no separate procedure for considering residency based on marriage to a person who already has permission to remain in the State, the first named person cannot claim residency status on that basis.
The first named person concerned arrived in the State on 25 April 2003 and applied for asylum. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal. Subsequently, in accordance with section 3 of the Immigration Act 1999, as amended, he was informed by letter dated 30 August 2005 that the Minister proposed to make a deportation order in respect of him. He was given the options, to be exercised within 15 working days, of making representations to the Minister setting out the reasons he should be allowed to remain temporarily in the State, leaving the State before an order is made or consenting to the making of a deportation order.
His case file, including all representations submitted, will be considered under section 3(6) of the Immigration Act 1999, as amended, and section 5 of the Refugee Act 1996 on prohibition of refoulement. The fact that he is now married can be considered in the context of representations made in the above context. I expect the file to be passed to me for decision in due course.