Vol. 561 No. 4
410 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform the number of non-nationals who have applied for leave to remain here under section 3(6) of the Immigration Act, 1999, since the entry into force of the Act; and the number of these applications which have yet to receive a definitive response. [4296/03]
411 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform the number of non-nationals who made representations to him to remain here between 1 January 1994 and the entry into force of the Immigration Act, 1999; and the number of these applications which have yet to receive a definitive response. [4297/03]
I propose to take Questions Nos. 410 and 411 together.
The issue of leave to remain arises where a non-national is served with a notice of intent to deport under section 3(3)(a) of the Immigration Act, 1999. A person served with such a notice of intent is afforded three options, viz., to leave the State voluntarily, to consent to the deportation order or to make representations in writing within 15 working days of the sending to him or her of the notice of intent.
Under section 3(6) of the Act the Minister, in determining whether to make a deportation order, shall have regard to eleven specified considerations, one of which is any representation made by or on behalf of the person. The determination as to whether a deportation order is made or whether leave to remain is granted is not dependent on whether the person has made representations for leave to remain.
