Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)
Link to this: Individually | In context

Question 342: To ask the Minister for Justice, Equality and Law Reform the number of section 3 letters which have been issued to the parents of Irish citizen children to date; the number of these cases which have been processed to date; the number of deportation orders which have been issued in such cases to date, in total and by nationality; the number of applications for leave to remain which have been granted in such cases, in total and by nationality; if the applications for leave to remain are being dealt with on a strictly chronological basis; if not, the reason therefor and the criteria being used; and the number of families which are affected in cases in which the non-national parent's or parents' country of origin is one of the ten new EU states. [24574/04]

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

Following the decision on 23 January 2003 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 this separate procedure would not apply to cases which were outstanding on that date. Instead, such cases were now considered only in the context of the ministerial proposal to deport under the terms of the Immigration Act 1999, as amended.

Notices proposing deportation from the State under section 3 of the Immigration Act 1999, as amended, commenced issuing on 18 July 2003 to parents of Irish-born children whose cases were outstanding on 19 February 2003. A total of 3,239 such notices have issued to date. Of these, 429 cases have been decided to date, resulting in 384 deportation orders being made and 45 decisions to grant temporary leave to remain. A breakdown by nationality of these decisions is being complied and this will be conveyed to the Deputy within the next week.

It should also be noted that a further 1,670 such cases, approximately, have been processed to the point where a decision as to whether to deport or grant leave to remain can be made. A decision on these cases will be made in due course.

In general, preparation of these files to the point where a decision can be made takes place in the order of the date of birth of the Irish-born child, starting with the most recent cases. However, other factors can influence the selection of cases for processing, such as requests for urgent consideration, court convictions and whether or not the person has responded to the section 3 notice referred to above.

In so far as EU citizens are concerned, persons from the ten new member states do not require permission to remain in the State since 1 May 2004, where they are exercising their EU treaty rights for the purposes of employment or the establishment of a business. This also applies to such persons with Irish-born children, who now have an alternative basis for residing in the State. Applications on hand on 1 May 2004 from such EU citizens seeking residency solely on the basis of their parentage of an Irish-born child are being returned advising them that they now have an alternative basis for residing in the State. A total of 206 such notices have issued to date.