Written answers

Wednesday, 2 April 2008

Department of Justice, Equality and Law Reform

Residency Permits

9:00 pm

Photo of Michael RingMichael Ring (Mayo, Fine Gael)
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Question 914: To ask the Minister for Justice, Equality and Law Reform if, in relation to applications for permission to remain in the State under the IBC/05 scheme, a judgement has been made by the Supreme Court in this regard; if so, the decision made; and if he will make a statement on the matter. [12217/08]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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I wish to inform the Deputy that judgments of the Supreme Court were delivered on 20th December, 2007 on five of the eight cases before the Court in relation to the IBC/05 Scheme. In all five cases the IBC/05 scheme, and the refusal of applications thereunder, was upheld by unanimous decision of the Court. Judgments are expected in early May on the further three grounds which remain before the Court.

Photo of Michael RingMichael Ring (Mayo, Fine Gael)
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Question 915: To ask the Minister for Justice, Equality and Law Reform the position in relation to an application for permission to remain in the State under the IBC/05 scheme by a person (details supplied) in County Mayo; and the documentation the applicant failed to submit to complete the application process. [12218/08]

Photo of Michael RingMichael Ring (Mayo, Fine Gael)
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Question 916: To ask the Minister for Justice, Equality and Law Reform when the birth certificate of a child (details supplied) in County Mayo will be returned to their mother. [12219/08]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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I propose to take Questions Nos. 915 and 916 together.

I wish to inform the Deputy that the birth certificate concerned has been located and is being returned to the person concerned by registered post. In relation to the person's application for permission to remain under the IBC/05 Scheme, I refer the Deputy to my reply to Parliamentary Question No 858 of 11th December, 2007. In addition to the information given in that reply I wish to add further that the specific criterion which the person failed to satisfy was that of evidence of continuous residency in the State since the birth of the applicant's Irish born child.

The person concerned was informed of this decision by letter, dated 14th December 2005. The position taken by my Department in relation to the issue of continuous residency was upheld by the Supreme Court in its judgments, delivered on 20th December 2007, on matters relating to the IBC Scheme. Those applicants who were refused under the IBC/05 Scheme, and who are not legally resident in the State on another basis, are being dealt with under Section 3 of the Immigration Act, 1999. The person concerned will be written to shortly regarding her current status in the State.

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