Jack Wall (Kildare South, Labour)
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Question 298: To ask the Minister for Justice, Equality and Law Reform the position of an application by a person (details supplied) in County Kildare to remain in the State; and if he will make a statement on the matter. [23141/07]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The person in question submitted an application on 24th February, 2005 for permission to remain in the State under the revised arrangements for non EU national parents of Irish children born prior to 1st January, 2005, commonly referred to as the IBC/05 scheme. The application was refused as the applicant did not satisfy the continuous residency criteria of that scheme.

My Department is currently appealing a number of matters related to the IBC/05 scheme, including the issue of continuous residency, to the Supreme Court. The application in question may be considered further in the light of the findings of the Court.