Thursday, 8 December 2005
Department of Justice, Equality and Law Reform
Question 204: To ask the Minister for Justice, Equality and Law Reform the reason an application by persons (details supplied) in respect of their desire to have their visa application for their child approved was refused upon appeal; the reason the original decision to refuse the visa was upheld, in view of additional information being furnished to the appeals office of his Department on 11 November 2005; the steps he will take to have this matter re-examined in view of further information; and if he will make a statement on the matter. [38592/05]
The individuals in question arrived in the State on 23 May 1999, accompanied by one of their dependants, and made an asylum application on 24 May 1999. They had a child in November 1999 and withdrew their asylum application in November 2000. They successfully applied for permission to reside in Ireland based solely on their parentage of an Irish-born child. They were granted permission to remain on 11 April 2000. The visa application in question relates to a 12-year-old son who wishes to join them in the State. They also have two other children residing in Nigeria.
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. The Government also decided that the general policy of allowing such parents to be joined in the State by other family members should no longer apply. Accordingly, the immigration division of the Department of Justice, Equality and Law Reform does not generally approve visas in respect of such visa applications.