Written answers

Tuesday, 7 November 2006

Department of Justice, Equality and Law Reform

Residency Permits

8:00 pm

Photo of Fergus O'DowdFergus O'Dowd (Louth, Fine Gael)
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Question 178: To ask the Tánaiste and Minister for Justice, Equality and Law Reform if permanent residency will be granted to a person (details supplied) in County Louth; and if he will make a statement on the matter. [36259/06]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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The person concerned arrived in the State and claimed asylum on 10 November, 2000. He failed to attend at interview with the Office of the Refugee Applications Commissioner and a recommendation that he should not be declared a refugee was made on 18 April, 2002.

Consequently, in accordance with Section 3 of the Immigration Act 1999, as amended, he was informed on 31 October, 2002 that the Minister proposed to make a deportation order in respect of him. He was given the options, to be exercised within 15 working days, of making representations to the Minister setting out the reasons why he should be allowed to remain temporarily in the State; leaving the State before a Deportation Order is made; or consenting to the making of a Deportation Order. No representations were received from or on behalf of the person concerned. I subsequently signed a Deportation Order in respect of the person concerned on 16 December, 2002. He was notified of his impending deportation from the State by letter dated, 27 January, 2003.

On 31 January, 2003 the person concerned informed the Department through a legal advisor that he was the parent of an Irish born child and that he intended to apply for residency on that basis. He further stated that he intended to initiate Judicial Review proceedings.

As a consequence of the Judicial Review proceedings this person's case was further reviewed and I decided to revoke the Deportation Order and grant him temporary leave to remain in the State. This decision was communicated to the person concerned by letter dated 15 January, 2004.

The leave to remain was subsequently extended for a further year on 02 June, 2005. The person in question applied for further renewal of his leave to remain by letter dated 03 May, 2006. Permission to remain in the State for a further year has now been granted to the person concerned and a letter of confirmation will issue in early course.

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