Vol. 531 No. 5
27 Mr. Bradford asked the Minister for Justice, Equality and Law Reform if persons who are here either lawfully or unlawfully, and have made an application for asylum to the appropriate authorities, are thereafter here legally or illegally. [6206/01]
110 Mr. Shatter asked the Minister for Justice, Equality and Law Reform if persons who are in the State, either lawfully or unlawfully, and have made an application for asylum to the appropriate authorities are thereafter deemed to be in the State legally or illegally. [6284/01]
I propose to take Questions Nos. 27 and 110 together.
Persons who have the permission of the Minister for Justice, Equality and Law Reform to remain in the State and who comply with the relevant conditions are here legally for the duration of that permission irrespective of whether or not they claim asylum in the State. Notwithstanding the foregoing, persons who claim asylum in the State enjoy a temporary entitlement to remain in the State by virtue of section 9 of the Refugee Act, 1996, without the permission of the Minister until their applications have been disposed of.
Persons whose applications are successful and who are granted refugee status enjoy a continuing entitlement to remain in the State without the permission of the Minister. Persons whose applications have been refused require the permission of the Minister to remain in the State thereafter. The Minister is required under the provisions of section 3 of the Immigration Act, 1999, to afford such persons the opportunity to make an application for leave to remain in advance of the making of a deportation order unless the person in question is outside the State or unless the person in question has consented to his or her deportation from the State and the Minister is satisfied that he or she understands the consequences of such consent.
