James Bannon (Longford-Westmeath, Fine Gael)
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Question 173: To ask the Minister for Justice, Equality and Law Reform his views on whether it is equitable that his Department overrides a decision of the High Court as in the case of a person (details supplied) in County Westmeath; and if he will make a statement on the matter. [13666/08]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The person concerned submitted an application to my Department on 18th May, 2005 seeking permission to remain in the State under the revised arrangements for non national parents of Irish born children born prior to 1st January 2005, commonly referred to as the IBC/05 scheme. On 19th August, 2005 this application was refused as the applicant did not meet the continuous residency criterion of the scheme.

On 21st November, 2005 the person concerned was granted leave by the High Court to apply by way of Judicial Review for a number of declarations relating to the alleged invalidity of the refusal decision. The High Court found in favour of the applicant, quashing the refusal of the application under the IBC/05 scheme.

My Department appealed the decision of the High Court to the Supreme Court. On 20th December, 2007 the Supreme Court found in favour of my Department, upholding the IBC/05 scheme and the refusal of applications thereunder, and reversing the decision of the High Court in the case of the person concerned. My Department is currently considering the judgements delivered by the Supreme Court and the implications these judgements have on individual cases.