Seán Ó Fearghaíl (Kildare South, Fianna Fail)
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Question 166: To ask the Minister for Justice, Equality and Law Reform if he will give consideration to the application by a person (details supplied) for leave to remain in the State; and if he will make a statement on the matter. [16893/08]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The person concerned submitted an application for Subsidiary Protection under the European Communities (Eligibility for Protection) Regulations 2006, (S.I. 518 of 2006) to my Department on 1st November, 2007. Following consideration of the person's application, it was determined that he was not a person eligible for Subsidiary Protection, and he was informed of this decision by letter, dated 7th April, 2008.

The person concerned is the father of a child born in Ireland prior to 1st January, 2005. The revised arrangements for the processing of applications from the non-EEA parents of children born in Ireland prior to 1st January, 2005, commonly known as the IBC/05 scheme, ended on 31st March, 2005. The person did not make application under the scheme. There is no separate procedure or free-standing right of any person to apply for permission to remain on this basis and such applications can only be considered in accordance with section 3 of the Immigration Act 1999 (as amended).

Consideration is now being given to the representations made by the person concerned under section 3 of the Immigration Act,1999 and he will be notified of any decisions made regarding his status in the State, in due course.