Bernard Durkan (Kildare North, Fine Gael)
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Question 423: To ask the Tánaiste and Minister for Justice, Equality and Law Reform the status of a residency application for a person (details supplied) in County Westmeath; if extended residency will be granted in this case; and if he will make a statement on the matter. [29884/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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The persons in question applied for permission to remain in the State on the basis of being the parents of an Irish child, born prior to 1 January 2005, in accordance with the revised arrangements announced by me on 15 January 2005, commonly referred to as the IBC/05 scheme. It is a requirement under the revised arrangements that each applicant parent is residing with their Irish born child in the State on a continuous basis since the child's birth. Evidence of such residence is also required.

In this case, the child in question was born in the State on 14 January 2004. The applicant mother left the State with her child in October 2004 and claimed asylum in the U.K. on 9 November 2004, notwithstanding the fact that she had already claimed asylum in the State. She was returned to the State by the UK authorities under the terms of the Dublin Convention on 16 March 2005. Limited evidence was submitted by the applicant father as to his place of residence since the child's birth. However he cannot have been residing in the State with the child while the child was with his mother in the UK.

The applicants did not meet the criteria for the granting of permission to remain in the State under the revised processing arrangements insofar as continuous residency is concerned and their applications were refused on this basis. The immigration status of the persons concerned are currently being reviewed. In the event that either of the persons in question do not have permission to remain they will have an opportunity to make representations as to their continued presence in the State.

Bernard Durkan (Kildare North, Fine Gael)
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Question 425: To ask the Tánaiste and Minister for Justice, Equality and Law Reform if he has verified the reason for refusal of residency status in the case of a person (details supplied) in Dublin 15; if a review will be undertaken; and if he will make a statement on the matter [29886/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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The person in question applied for permission to remain in the State under the revised arrangements for non-EU national parents of Irish children born prior to 1 January 2005, commonly referred to as the IBC/05 scheme. It is a requirement of this scheme that each applicant is of good character. Following information received from the Garda authorities it was confirmed that the person concerned has been convicted of a number of criminal offences. Accordingly he has not satisfied the requirement to be considered of good character and his application for permission to remain under the IBC/05 scheme was refused. He was advised of this decision on 7 June 2006. The immigration status of the person concerned is currently being reviewed. In the event that he does not have permission to remain he will have an opportunity to make representations as to his continued presence in the State.