Pat Gallagher (Donegal South West, Fianna Fail)

I thank Senator Bannon for raising the matter and giving me the opportunity to respond on behalf of the Minister for Justice, Equality and Law Reform. The person referred to by the Senator arrived in the State on 16 November 2000 accompanied by her three children and claimed asylum. Her claim for refugee status was examined by two independent statutory offices established to consider applications for refugee status and make recommendations to the Minister on whether such status should be granted. These are the Office of the Refugee Applications Commissioner, which considers applications for a declaration of refugee status at first instance, and the Refugee Appeals Tribunal, which considers applications for a declaration at appeal stage.

Ms Okubadejo's application was refused by the Office of the Refugee Applications Commissioner and she was notified of this recommendation by letter on 21 November 2001. Her subsequent appeal was refused by the Office of the Refugee Appeals Tribunal and she was notified of this recommendation by letter on 30 April 2002. She was notified of the Minister's decision to refuse her refugee status by letter on 29 May 2002, in which she was informed of the three options open to her at that point, namely, to leave the State before her case was considered for deportation, to consent to the making of a deportation order in respect of her, or to make written representations within 15 working days to the Minister for Justice, Equality and Law Reform setting out the reasons why she should not be deported and should be allowed to remain temporarily in the State.

Ms Okubadejo lodged an application for leave to remain in the State. In the normal course of events, her case file, including all representations submitted, would be considered under section 3(6) of the Immigration Act 1999, as amended, and under section 5 of the Refugee Act 1996, as amended. However, this person claims to be the parent of child born in the State in 1979 when she was previously here with her then husband for business purposes.

On 22 March 2005, she applied for permission to remain in the State under the revised arrangements introduced by the Minister for the consideration of applications for permission to remain in the State made by the non-national parents of Irish-born children born before 1 January 2005.

The details of the revised arrangements were publicly announced on 15 January 2005 and the deadline for submission of applications under the scheme was 31 March 2005. Application forms and explanatory leaflets were made available from 21 January 2005 at the Department of Justice, Equality and Law Reform office at Burgh Quay in Dublin as well as at Garda district headquarters stations outside the Dublin area. They were also available at accommodation centres of the reception and integration agency as well as from a range of non-governmental organisations. An information notice was also published in the national press.

The application form required applicants to provide personal details, immigration history, other identities used in the State and details of their Irish-born children. The form also included a statutory declaration to be signed by the applicant to the effect that, if granted permission to remain, the applicant would not engage in criminal activity and would make every effort to become economically viable, and accept that there is no entitlement to family reunification. The applicant was also required to provide, among other documents, an original passport or national identity card, original birth certificate for the Irish-born child and two passport size photographs.

Those granted permission to remain will be allowed to remain for an initial period of two years. During this period they will be permitted to work or to engage in business in the State. They will be expected to make every effort to become economically viable during this period. The renewal of their permission, which may be for a further three years, will be subject to their being economically viable.

By 31 March 2005, the deadline for receipt of application forms under the scheme, more than 17,800 applications had been received and almost 4,000 permissions to remain have been granted. It is intended that all these claims will be processed by the end of June 2005. Each application will be considered on its merits and will be subject to a rigorous examination. Applications will in general be processed in the order in which they were received.

The woman who is the subject of the Adjournment matter made her application for residency under these arrangements on 23 March 2005. Given the number of applications being processed, it will take several weeks before the processing of her application will be completed. I am sure all the factors will be taken into consideration and I hope a decision can be reached in the not too distant future.