Michael McDowell (Dublin South East, Progressive Democrats)
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The person in question arrived in the State in October 2002 and made an application for asylum. His wife arrived in the State in July 2002, and made an asylum application. She had a child in September 2002. Both withdrew their asylum applications and applied for residency on the basis of parentage of an 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 were many such cases outstanding including the case to which the Deputy refers. A feature of the Government's general policy on applications for residency based on Irish born children, outstanding on 19 February 2003 is that such cases will no longer be processed except where the parent is under consideration for deportation. A further feature is that applications which have already been made will not be considered from persons with an alternative legal basis for residency in the State.

The persons in question re-applied for asylum in March 2004 and accordingly have a statutory entitlement to remain in the State under section 9(2) of the Refugee Act 1996 while these applications are being considered. Their applications for residency on the basis of parentage of an Irish born child were returned to them on 15 April 2004. In the event that deportation arises in the future they will be given an opportunity to make representations to the Minister. These representations may include up to date information on their Irish born child.