Fergus O'Dowd (Louth, Fine Gael)
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Question 329: To ask the Minister for Justice, Equality and Law Reform if persons (details supplied) in County Louth will be granted permission to remain in the State. [24403/04]

Michael McDowell (Dublin South East, Progressive Democrats)
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The persons concerned arrived in the State and made an asylum application on 27 October 2000. Their applications were refused on appeal on 11 April 2002. On the same day an application for residency on the basis of parentage of an Irish child born in February 2002 was received.

Following the decision of the Supreme Court in the cases of L & O, the separate procedure that 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 deport them. 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. There is a large number of such cases on hand and I am unable to say at this stage when the file will be examined.