Bernard Durkan (Kildare North, Fine Gael)
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Question 160: To ask the Minister for Justice, Equality and Law Reform the position in respect of residency status and family re-unification in the case of a person (details supplied) in Dublin 24; and if he will make a statement on the matter. [9900/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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The person in question, a Cameroonian national, arrived in the State on 23 December 2002 and applied for asylum. She withdrew from the asylum process on 7 February 2003 and applied for permission to remain in the State on 12 February 2003 on the basis of her parentage of an Irish born child born on 19 January 2003.

Following the Supreme Court judgment in the L&O case, which confirmed that subject to certain criteria, the State was entitled to deport the non-national parents of an Irish born child, the person was informed by letter dated 18 July 2003 that it was proposed to make a deportation order in respect of her. In accordance with the Immigration Act 1999, she was given the options, to be exercised within 15 working days, of making representations to the Minister setting out reasons why she should be allowed to remain temporarily in the State, leaving the State before a deportation order was signed or consenting to the making of a deportation order.

Her case file, including all representations submitted, was considered under section 3(6) of the Immigration Act 1999, as amended and under section 5 of the Refugee Act 1996, as amended, prohibition of refoulement. A deportation order was signed in respect of the person concerned on 10 May 2004.

On the date that the deportation order was signed, my Department was notified by the East Coast Area Health Board that the person concerned had been re-united in Ireland with her three Cameroonian children. Notices of deportation orders then issued in respect of her three Cameroonian children in accordance with the procedures indicated above. In the normal course of events, this person's case file, including all representations and additional information received, would fall to be re-considered under section 3(6) of the Immigration Act 1999, as amended and under section 5 of the Refugee Act 1996, as amended, prohibition of refoulement. However, as the parent of an Irish-born child, she may, if she so wishes, apply to have her application considered under the revised 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 and at all Reception and Integration Agency accommodation centres countrywide. Forms have also been supplied to various non-governmental organisations working with immigrants and asylum seekers. The person concerned should note that the deadline for the receipt of applications is 31 March 2005. This scheme does not make any provision for persons granted permission to remain to be joined by family members from outside the State.