Michael Ring (Mayo, Fine Gael)
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Question 487: To ask the Minister for Justice, Equality and Law Reform the reason original documents were not returned to a person (details supplied) in County Mayo in view of the fact that the documents returned to the person and referred to in Question No. 365 of 11 October 2005 were only photocopies; if they can have all their original documents returned, apart from the birth certificate of the Irish-born child. [30475/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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I refer to Question No. 365 of 11 October 2005 regarding this matter. I have been advised by my officials that the documents which were attached to the application were returned to the applicants with the exception of the birth certificate of the Irish-born child which is retained for all applications. My officials also advise me that a thorough check is being made of all correspondence from the applicants to ensure that all original documents have been returned.

Michael Ring (Mayo, Fine Gael)
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Question 488: To ask the Minister for Justice, Equality and Law Reform if the fact that a person (details supplied) in County Mayo is the parent of an Irish-born child will be taken into consideration when deciding the person's application for residency on the basis of marriage to an Irish national; and when a decision will be made on this application. [30476/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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The person in question made an application for permission to remain in the State based solely on marriage to an Irish national. This application was considered and a notification of refusal issued on 18 October 2005.

With reference to the matter of the Irish-born child, it should be noted that following the decision of the Supreme Court in the cases of L and O, the separate procedure which then existed to enable persons to apply to reside in the State on the sole basis of parentage of an Irish-born child ended on 19 February 2003. A revised arrangement was introduced on 12 January 2005 to address the issue of parents of Irish-born children who continued to reside in the State after the child was born. Applications for residency were invited and the scheme was open from 12 January to 31 March 2005. There is no evidence that the person in question made an application under this scheme.

As the person in question does not have an alternative legal basis for remaining in this jurisdiction, the issue of permission to remain based on parentage of an Irish-born child will only be considered in the context of a ministerial proposal to deport him. In that context, the letter of 18 October 2005 referred to above contained a notification of a proposal to make a deportation order and the person has been given an opportunity to make representations concerning it. If, in the light of representations received and the range of factors set out in section 3(6) of the Immigration Act 1999, I decide not to make a deportation order, the person will be given leave to remain on a humanitarian basis.