Bernard Durkan (Kildare North, Fine Gael)
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Question 142: To ask the Minister for Justice, Equality and Law Reform further to Parliamentary Question No. 180 of 9 February 2006, the procedure to be followed in an application for a visa in the case of a person (details supplied) in County Dublin; if their passport required for this and submitted with a previous application will be returned to facilitate a new application; and if he will make a statement on the matter. [7576/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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The mother of the person in question, accompanied by two children then aged six months and three years, arrived in the State in January 1998 and made an application for asylum. The father, accompanied by a then five year old child, arrived the following April 1998 and made an application for asylum. The mother gave birth in the State in February 1999 and they sought permission to remain on that basis. Permission to reside based solely on their parentage of an Irish born child was granted in August 1999. In July 2003 a visa application was made on behalf of the person in question, a now 16 year old female, to enable her join the family in the State, but this application was unsuccessful.

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 in February 2003. The Government also decided that the general policy of allowing such parents to be joined in the State by other family members would no longer apply. Accordingly, the immigration division of my Department does not generally approve visas in respect of such visa applications.

As stated in my reply to the Deputy's Parliamentary Question No. 180 of 9 February 2006, it is open to the person concerned to submit a new application for a visa. However under Government policy as outlined above it cannot be assumed that a visa would be granted. Any new application would need to clearly show special circumstances over and above those of others in a similar situation which would warrant a special concession in this case. Arrangements are being made to ensure the safe return of the passport to the appropriate address.