Brendan Howlin (Wexford, Labour)
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Question 450: To ask the Minister for Justice, Equality and Law Reform the status of an application from a person (details supplied) in County Wexford for permission to live and work here; and if he will make a statement on the matter. [4596/04]

Michael McDowell (Dublin South East, Progressive Democrats)
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The person concerned applied for asylum in the State in November 1999. His asylum claim was considered and refused in July 2000. An appeal on that decision was also refused in September 2000. He applied for residency on the basis of parentage of Irish child born on 25 September 2001.

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. There are a large number of such cases outstanding at present, including the case to which the Deputy refers.

Since the person in question does 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 him. 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 he will be given leave to remain on a humanitarian basis. Given the large number of such cases on hand, I am unable to say at this stage when the file will be examined.