Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Question 191: To ask the Tánaiste and Minister for Justice, Equality and Law Reform if the Government is planning to make adjustments to policy regarding family reunification or is planning to appeal the recent High Court decision regarding family reunification; the number of visitor visas that have been granted to family members of individuals given residency based on parents of an Irish born child; and if there is a policy of not granting requests for visitor visas to family members in such circumstances. [42050/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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I presume the Deputy is referring to the recent High Court judgements delivered on 14 November 2006 on test case proceedings taken in relation to the IBC/05 Scheme. The IBC/05 scheme was initiated to provide non-EU national parents of Irish citizen children, who were born in the State prior to 1 January 2005, an opportunity to apply for permission to remain in the State on that basis.

One of the conditions of the IBC/05 scheme was that applicants were required to a sign a Statutory Declaration, as provided for under the Statutory Declarations Act 1938, to accept and agree that the granting of permission to remain in the State under the IBC/05 Scheme does not confer any entitlement or legitimate expectation on any other person, whether related to the applicant or not, to enter the State. This aspect of the IBC/05 scheme forms the basis in determining visa applications in this category. However, as with all visa applications, each case is examined on its own merits. Statistical data in the manner requested by the Deputy is not currently maintained by my Department.

I am currently considering an appeal to the Supreme Court on the High Court judgements delivered on 14 November 2006 . As the outcome of such an appeal is inextricably linked to any policy related to the IBC/05 scheme I am unable to comment further until those proceedings, if any, have been determined.