Willie Penrose (Westmeath, Labour)
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Question 114: To ask the Minister for Justice, Equality and Law Reform the number of applications to remain in the State received to date from non-national parents of Irish born children; the number of such applications that have been determined to date, giving those granted and those refused; if there is an appeals process in respect of applications turned down; and if he will make a statement on the matter. [4942/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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Up to and including Friday, 11 February 2005, a total of 5,843 applications had been received for permission to remain under the revised arrangements for the consideration of applications for permission to remain made by the non-national parents of Irish born children born before 1 January 2005. Of this number, 1,191 applicants have been granted temporary permission to remain. To date no application has been refused but it should be noted that a number of incomplete applications are currently under examination or are being held pending the submission of documents. The top five nationalities of those applying for permission and of those granted permission up to 11 February 2005 are as follows:

In relation to the issue of appeals, it is anticipated that some of those who may not be successful under this scheme will otherwise have a right to remain in the State, for example, they may be here on work permits or on study visas. However, it is anticipated that most applying under the under the scheme will not have any other right of residence. In a circumstance where such a person has his or her application refused, he or she will be informed by letter, as applies to all persons who have no right to be in the State, of a proposal to make a deportation order in accordance with section 3 of the Immigration Act 1999, as amended.

The person will be given the option at that stage of making representations setting out the reasons why he or she should be granted permission to remain temporarily in the State. The person's case file, including all representations submitted, will be considered under the various criteria set out in section 3(6) of the Immigration Act 1999, as amended, and under section 5 — prohibition of refoulement — of the Refugee Act 1996, as amended.