Paul Kehoe (Wexford, Fine Gael)
Link to this: Individually | In context

Question 452: To ask the Minister for Justice, Equality and Law Reform the current status of the application for residency for a person (details supplied) in County Wexford; if, due to circumstances brought to his Department's attention, the application can be expedited; and if he will make a statement on the matter. [4622/04]

Michael McDowell (Dublin South East, Progressive Democrats)
Link to this: Individually | In context

The person concerned made an asylum application on 19 August 2002. On 4 September 2002 she gave birth to a child. She subsequently withdrew her asylum application on 8 October 2002 and applied for residency on the basis of her Irish-born child.

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 her. In that context she will be notified of the proposal and given an opportunity to make representations in relation to it. If, in the light of those representations 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, she 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.