Willie Penrose (Westmeath, Labour)
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Question 405: To ask the Minister for Justice, Equality and Law Reform if he can confirm receipt by his Department of an application by a person (details supplied) in County Westmeath to remain here pursuant to section 3 of the Immigration Act 1999; if on foot thereof and the comprehensive submission made the application will be considered; and if he will make a statement on the matter. [38189/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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The person concerned arrived in the State on 24 September 2004 and applied for asylum. Her application was refused following consideration of her case by the Office of the Refugee Applications Commissioner and on appeal by the Office of the Refugee Appeals Tribunal. She was informed by letter dated 20 April 2005 that the Minister proposed to make a deportation order in respect of her and afforded three options under section 3(3)(b)(ii) of the Immigration Act 1999, as amended, namely; (a) to make representations to the Minister setting out the reasons she should be allowed to remain in the State; (b) to leave the State voluntarily or (c) to consent to the making of a deportation order. I have been informed by my officials that to date no representations under section 3 of the Immigration Act 1999 have been received.

The person concerned submitted an application for permission to remain in the State on the basis of being the parent of an Irish born child born prior to 1 January 2005, under the revised arrangements announced by me on 15 January 2005. The child in question was born on 17 March 2005. Following the citizenship referendum of 2004 and the subsequent Immigration and Citizenship Amendment Act 2004 which came into effect on 1 January 2005, a child born in Ireland after 1 January 2005 is no longer automatically entitled to Irish citizenship by virtue of being born in Ireland. The applicant parent does not qualify to be considered for residency under the revised arrangements because the child in question was born after 1 January 2005 and her application was returned to her.