Pat Breen (Clare, Fine Gael)
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Question 218: To ask the Minister for Justice, Equality and Law Reform the status of an application for permission to remain in the State for a person (details supplied) in County Clare; and if he will make a statement on the matter. [18789/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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The person concerned arrived in the State on 14 July 2002 and applied for a declaration as a refugee. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner on 24 July 2002 and, on appeal, by the Refugee Appeals Tribunal on 28 November 2002.

Subsequently, in accordance with section 3 of the Immigration Act 1999, as amended, he was informed by letter that the Minister proposed to make a deportation order in respect of him. He was given the options to be exercised within 15 working days of making representations to the Minister setting out the reasons why they should be allowed to remain temporarily in the State; leaving the State before an order is made or consenting to the making of a deportation order.

In the normal course of events, this person's case file, including all representations received, would fall to be 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. The person concerned, however, made an application for permission to remain in the State on the basis of his parentage of an Irish born child born before 1 January 2005 under the revised arrangements announced on 15 January 2005.

The closing date for receipt of applications for the scheme was 31 March 2005. Some 18,000 applications were received. To date, in excess of 6,000 applicants have been granted temporary permission to remain. Applications are being dealt with as expeditiously as possible and, in so far as is possible, in order of receipt. Given the number of applications being processed, it is expected that the processing of the application from the person concerned will be completed within the next few weeks.