Joe Costello (Dublin Central, Labour)
Link to this: Individually | In context

Question 292: To ask the Minister for Justice, Equality and Law Reform when a decision will be made on an application by a person (details supplied) in County Cork for residency under the Irish Born Children's Act; and the reason for the delay in this decision. [24168/04]

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

The person concerned arrived in the State on 3 June 2002 on a short-term tourist visa. He was accompanied by a German female who resides in the State. She gave birth on 14 July 2002 and the person in question applied for residency on the basis of his parentage of the 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 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. As a result of the large number of such cases on hand I am unable to say at this stage when the file will be examined.