Brian O'Shea (Waterford, Labour)
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Question 118: To ask the Tánaiste and Minister for Justice, Equality and Law Reform if he will allow a person (details supplied) in County Waterford to remain here; and if he will make a statement on the matter. [36047/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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The person concerned arrived in the State on 25 June, 2002 and applied for asylum on 27 June, 2002. She withdrew her application for asylum on 13 November, 2002, on the basis of her Irish born child and stated that she wished to apply for residency.

The person in question was informed by letter dated 15 July, 2004 that there was no longer a separate process for making applications to remain in the State on the basis of an Irish born child and that the parent of an Irish born child does not derive an automatic right to remain in the State by virtue of that fact alone. Consequently, she was informed in accordance with Section 3 of the Immigration Act 1999, as amended by the Illegal Immigrants (Trafficking) Act 2000, that as a person who had withdrawn her asylum application, she no longer had permission to remain temporarily in the State, and as such, the Minister proposed to make a Deportation Order in respect of her. She was given the options, to be exercised within 15 working days, of making representations to the Minister, setting out the reasons why she should be allowed to remain temporarily in the State; leaving the State before a Deportation Order is made; consenting to the making of a Deportation Order. Representations in accordance with Section 3 of the Immigration Act 1999, as amended, were received in my Department on 10 August, 2004, requesting that the person concerned be allowed to remain in the State.

An application was subsequently received from the person in question for permission to remain in the State on a temporary basis under the IBC/05 scheme on 11 March, 2005. She was refused permission to remain in the State under the scheme and was notified of the decision by letter dated 12 January, 2006. Consequently, in accordance with Section 3 of the Immigration Act 1999, as amended, she was informed on 5 September, 2006 that the Minister proposed to make a deportation order in respect of her. She was again given the options (as set out above) to be exercised within 15 working days, of making representations to the Minister.

Further representations have been made to my Department requesting that the person concerned be allowed to remain in the State. I expect the file in the matter to be submitted to me for decision in due course.