Bernard Durkan (Kildare North, Fine Gael)
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Question 782: To ask the Minister for Justice, Equality and Law Reform if extended residency status will be granted to a person (details supplied) in County Longford; and if he will make a statement on the matter. [1674/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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The person in question, a Congolese national arrived in the State on 5 October 1998 and applied for asylum. His wife and two children arrived in the State on 7 March 1999. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal. This person is the parent of Irish-born children.

Subsequently, in accordance with the Immigration Act 1999, as amended, he was informed by letter dated 16 January 2002, that it was proposed to make a deportation order in his case. He was given the options, to be exercised within 15 working days, of making representations to the Minister setting out reasons that he should be allowed to remain temporarily in the State, leaving the State before a deportation order is signed or consenting to the making of a deportation order. In the normal course of events, his case file, including all representations submitted, would be considered under section3(6) of the Immigration Act 1999, as amended and under section 5 of the Refugee Act 1996, as amended, prohibition of refoulement.

However, this person, as the parent of Irish-born children, may, if he so wishes, apply to have his application considered under the new arrangements introduced by me for the consideration of applications for permission to remain made by the non-national parents of Irish-born children born before 1 January 2005. An information notice setting out details of the new arrangements and the appropriate application form is available from the Department's website, www.justice.ie. Application forms are also available from Garda district headquarters, stations outside Dublin, at all Reception and Integration Agency accommodation centres countrywide and from various non-governmental organisations working with immigrants and asylum seekers.