Jack Wall (Kildare South, Labour)
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Question 59: To ask the Minister for Justice, Equality and Law Reform the reason a person (details supplied) has been waiting ten years for his application for asylum to be finalised; and if he will make a statement on the matter. [3504/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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The person concerned, a Romanian national, entered the State and claimed asylum on 7 October 1996. He withdrew his application for declaration of refugee status on 24 April 1998 and made an application for residency based on his parentage of an Irish-born child.

On 21 March 2002, a registered letter issued to the person concerned requesting documentation to support his application. This letter was returned marked "not called for". On 6 November 2002, my Department again wrote to the person concerned requesting the information and a response was received on 19 November 2002.

Following the decision of the Supreme Court in the cases of L&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 decided that the separate procedure would not apply to cases which were outstanding on that date. The application from the person concerned fell into this category.

On 10 November 2003, in accordance with section 3 of the Immigration Act 1999, as amended, the person concerned was informed that it was proposed to make a deportation order in respect of him, as he did not have permission to remain in the State. He was given the following options: to make written representations within 15 working days to the Minister for Justice, Equality and Law Reform setting out reasons as to why he should be granted temporary leave to remain in the State, that is, why he should not be deported; to leave the State voluntarily; or to consent to the making of a deportation order in respect of him.

An application for leave to remain in the State was received from his legal representatives on 15 December 2003. It must also be noted that our records indicate that the person concerned, notwithstanding his earlier claim for residency based on his parentage of an Irish-born child, did not apply for leave to remain under the IBC 2005 scheme which recently ended.

In the circumstances and in order to clarify the exact circumstances of this individual, a letter recently issued to his legal representatives giving them the opportunity to make further representations on behalf of their client. Once these representations have been received, an assessment of his case as it currently stands can be made and it is expected that a decision will be reached shortly thereafter.