Bernard Durkan (Kildare North, Fine Gael)
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Question 367: To ask the Minister for Justice, Equality and Law Reform the position regarding an application for residency in the case of a person (details supplied) in County Waterford; and if he will make a statement on the matter. [28064/10]

Dermot Ahern (Louth, Fianna Fail)
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There is currently no application pending in my Department for residency in the case of the person whose details were supplied. If an application for asylum has been made by the person concerned the Deputy will of course be aware that it is not the practice to comment on asylum applications that are pending.

Bernard Durkan (Kildare North, Fine Gael)
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Question 368: To ask the Minister for Justice, Equality and Law Reform the reason a person (details supplied) in County Kildare has not been granted permission to remain in view of the fact that they came to Ireland almost 14 years ago as an accompanied minor, whose parent has been given permission to stay and is now eligible to apply for citizenship; and if he will make a statement on the matter. [28065/10]

Dermot Ahern (Louth, Fianna Fail)
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The person concerned, then a minor, arrived in the State in the company of his mother on 23 October 1997. His mother subsequently made an application for asylum which was refused. The mother of the person concerned was subsequently granted permission to remain in the State on the basis of being a parent of an Irish citizen child, born before 1 January 2005, in accordance with the revised arrangements announced on 15 January 2005, commonly referred to as the IBC/05 scheme. The person concerned was not included in his mother's permission to remain in the State at that time as he was an adult by then.

In early 2008 the person concerned sought permission to remain in the State on the basis of being a family dependant of the parent of an Irish born child who had been granted permission to remain in the State under the IBC/05 Scheme. By letter dated 18 March 2009 the person concerned was informed that he had failed to demonstrate current residency as a family dependant in the State and consequently his application to remain in the State on that basis was refused. Subsequently, in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 15 February 2010, that the Minister proposed to make a Deportation Order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why a Deportation Order should not be made against him.

The person concerned had his case examined under Section 3(6) of the Immigration Act, 1999, (as amended), and Section 5 of the Refugee Act, 1996 (as amended), on the Prohibition of Refoulement. Consideration was given to representations submitted on their behalf by their legal representative for permission to remain in the State. On 3 June 2010, I refused permission to remain temporarily in the State and instead signed a Deportation Order in respect of him. The effect of the Deportation Order is that the person concerned must leave the State and remain thereafter out of the State. The enforcement of the Deportation Orders is an operational matter for the GNIB.

Noel Ahern (Dublin North West, Fianna Fail)
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Question 369: To ask the Minister for Justice, Equality and Law Reform the position regarding an application for leave to remain in the State in the case of persons (details supplied) in Dublin 5; if their children can obtain Irish passports without taking out Irish citizenship; if such provision exists; and if he will make a statement on the matter. [28089/10]

Dermot Ahern (Louth, Fianna Fail)
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The person in question was granted permission to remain in the State under the revised arrangements for the non-EEA parents of children born in Ireland prior to 1 January, 2005, known as the IBC/05 Scheme. This permission to remain was granted in July of 2005, was renewed in July of 2007 and is currently valid until 19 July, 2010.

To obtain an Irish passport, the children of the persons concerned must be Irish citizens. Section 6 of the Irish Nationality and Citizenship Act 1956 provides that, subject to section 6A, every person born in the island of Ireland is entitled to be an Irish citizen. Section 6A of the Act as inserted by section 4 of the Irish Nationality and Citizenship Act 2004 provides that a person born in the island of Ireland shall not be entitled to be an Irish citizen unless a parent of that person has, during the period of 4 years immediately preceding the person's birth, been resident in the island of Ireland for a period of not less than 3 years or periods the aggregate of which is not less than 3 years. The section does not apply to certain persons including those born to parents one of whom is at the time of the person's birth an Irish citizen, British citizen or a person entitled to reside without restriction on their period of residence. For the purpose of calculating reckonable residence under section 6A certain residence is excluded from consideration including unlawful residence, residence covered by a permission granted under Section 4 of the Immigration Act, 2004 for the purpose of study and temporary residence covered by a provisional permission granted pending determination of an asylum application.

In determining if a child, who has applied for a passport to the Passport Office of the Department of Foreign Affairs on the basis that they have an entitlement to Irish citizenship, is entitled to a passport, the Passport Office makes an assessment of the parent's reckonable residency through an examination of their permission stamps. If the parents do not have sufficient residency and the child does not have an entitlement to citizenship, then it will be open to the parent of the child to make an application for a certificate of naturalisation on their behalf under section 15 of the 1956 Act, when the child has 5 years reckonable residency in the State.