Vol. 560 No. 5
129 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform the number of former asylum seekers 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. [3099/03]
130 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform the number of former asylum seekers who made representations to him to remain here prior to the entry into force of the Immigration Act 1999; and the number of these applications which have yet to receive a definitive response. [3100/03]
I propose to take Questions Nos. 129 and 130 together.
Section 3(6) of the Immigration Act 1999 requires the Minister to have regard to a range of eleven different factors, including humanitarian considerations, in determining whether a deportation order should be made. It applies therefore only in cases where the making of a deportation order is contemplated. The obligations imposed on the Minister arise whether the person in question is a failed asylum seeker and whether he or she has made representations of any sort. Furthermore it applies whether or not the person made representations of any sort to the Minister prior to commencement of the Immigration Act 1999.
As a reflection of these realities, statistics are not maintained on the matters raised which would distinguish former asylum seekers from other classes of non-national or which would distinguish cases where representations have been made from other cases. What I can say however, is that there is no legal obligation on the Minister to respond to representations made by a person prior to the making of a deportation order. There is of course, in the vast majority of cases, an obligation on the Minister to give the person an opportunity to make representations. I can say however, that 281 persons have been given leave to remain in the State following consideration of the case under the provisions of section 3(6) of the Immigration Act 1999 since its commencement.
131 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform if the Government plans to opt-in to the Council Directive 2001/0091, CNS, formally adopted on 28 January 2003, that lays down minimum standards for the reception of asylum seekers in member states; and if he will make a statement on the matter. [3101/03]
As indicated by the Deputy, the Council directive laying down minimum standards for the reception of asylum seekers in member states was formally adopted on 27 January 2003. The directive is covered by Title IV of the Treaty establishing the European Community and the Fourth Protocol to that Treaty on the position of the United Kingdom and Ireland. The modalities in relation to the exercise of the State's Fourth Protocol option in respect of this directive are under consideration at the present time.
