Tony Gregory (Dublin Central, Independent)
Link to this: Individually | In context

Question 312: To ask the Minister for Justice, Equality and Law Reform if the application of a person (details supplied) in Dublin 1 for naturalisation can be expedited in view of the exceptional circumstances. [16180/04]

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

It is quite clear from the details submitted with the Deputy's question that the individual concerned does not fulfil the statutory residency requirements for making an application for naturalisation until September 2005 at the earliest. Any matters relating to the processing of the application can be considered when it has been lodged in my Department.

Fergus O'Dowd (Louth, Fine Gael)
Link to this: Individually | In context

Question 313: To ask the Minister for Justice, Equality and Law Reform the position in relation to application for residency for a person (details supplied) in County Louth. [16181/04]

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

The person in question arrived in the State in July 2002 and made an application for asylum. His wife arrived in the State the previous month, June 2002, and made an asylum application. She gave birth in September 2002. Both withdrew their asylum applications and applied for residency on the basis of parentage of that Irish born child.

Following the decision of the Supreme Court in the cases of L & 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 persons in question do 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 make a deportation order. In that context, a notification of a proposal to make a deportation order issued to the persons in question on 6 May 2004 and they were 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, they will be given leave to remain on a humanitarian basis. Because of the large number of such cases on hand I am unable to say at this stage when the file will be further examined.