Kathleen Lynch (Cork North Central, Labour)
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Question 24: 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. [16124/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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The closing date for receipt of applications for the IBC/05 scheme, that is, the revised arrangements for consideration of applications for leave to remain for parents of children born in Ireland before 1 January 2005, was 31 March 2005. Some 18,000 applications were received. Of this number, more than 5,000 applicants have been granted temporary permission to remain and 27 applicants have been refused. It should be noted that a significant number of incomplete applications are currently under examination or are being held pending the submission of documents.

In relation to the issue of appeals, 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, on the basis of those applications processed to date, it seems that the majority of applicants under the scheme do not have an alternative right of residence. Where an application from a person without alternative right of residence is 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 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.