Mary Upton (Dublin South Central, Labour)
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Question 409: To ask the Minister for Justice, Equality and Law Reform if he will investigate the case of a person (details supplied) in Dublin 8 who has applied for permission to remain here; and the position in relation to this case. [23558/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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The person in question applied for permission to remain in the State on the basis of having an Irish born child prior to 1 January 2005, in accordance with the revised arrangements announced by me on 15 January 2005.

It is a requirement under the revised arrangements that each applicant is resident with their child on a continuous basis since the child's birth and that evidence of such residence be provided with each application. The person in question has not provided satisfactory evidence of being continuously resident in the State since his child was born on 14 May 2003. He has stated on his application that he entered the State on 16 November 2004, eighteen months after the birth of his Irish born child. As he failed to meet the criterion of continual residence in the State following the birth of his child, his application for permission to remain in the State under the revised arrangements was refused.

This information was communicated to the applicant on 30 November 2005. A further letter to the person concerned containing this information was issued on 18 January 2006. When this person's immigration status is being reviewed, he will then have an opportunity to make representations as to his continued presence in the State.