Vol. 509 No. 6
524 Mr. Haughey asked the Minister for Justice, Equality and Law Reform if he will give details of the humanitarian leave to remain scheme for asylum seekers who have been refused refugee status; the previous steps to be taken by these applicants before this application can be made; and if he will make a statement on the matter. [21396/99]
The Department's pro cedures for processing asylum applications provide that persons who do not come within the definition of "refugee" contained in section 2 of the Refugee Act, 1996, will be given sufficient opportunity to make submissions to the Minister as to whether there are special reasons why they should be granted leave to remain in the State.
The procedure in place for considering such applications is in line with the provisions of the Immigration Act, 1999. Persons whose applications for asylum have been rejected are informed in writing that they have the option of making representations within 15 days to the Minister as to why he should not make a deportation order in respect of them. In considering whether or not to sign a deportation order, the Minister must have regard to a range of factors as set out in section 3(6) of the Immigration Act, including any representations received from or on behalf of the person. The Minister is also bound by the prohibition on refoulement provided for in section 5 of the Refugee Act. If the Minister decides not to sign a deportation order and to grant leave to remain instead, such leave is usually for 12 months initially and may be made subject to a review of the situation in the person's country of origin at the end of that period of time. Persons with such leave to remain are entitled to take up employment without a work permit and to operate a business without the need to obtain business permission.
