Arthur Morgan (Louth, Sinn Fein)
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Question 228: To ask the Tánaiste and Minister for Justice, Equality and Law Reform when will a decision be made in the case of a person (details supplied) in County Louth who has applied for permission to remain in the State as a parent of an Irish born child. [33894/06]

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 being the parent 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. Alternatively if the applicant is not residing in the same household as the child evidence must be provided that the person concerned is playing an active role in the upbringing of the child. The person in question in this case stated in his application form that he did not reside in the same household as his Irish born child but he failed to provide any evidence as to his role in his child's upbringing. The applicant did not meet the criteria for the granting of permission to remain in the State under the revised processing arrangements and a letter refusing his application for permission to remain in the State under the IBC/05 scheme issued on 6 December 2005. However it is noted from recent correspondence received that the person in question has changed address. A copy of the letter issued on 6 December 2005 refusing the residency application under the revised arrangements has now been re-issued to the new address provided.

In the event that the person in question does not have permission to remain on any other separate basis he will have an opportunity to make representations as to his continued presence in the State.