Wednesday, 28 January 2004

Questions (174)

Ciarán Cuffe

Question:

293 Mr. Cuffe asked the Minister for Justice, Equality and Law Reform the number of people annually since 1999 who have applied for leave to remain on humanitarian or other grounds; the number who have been successful annually with a breakdown on country of origin; and the numbers awaiting decision according to the year in which the application was lodged. [2370/04]

View answer

Written answers (Question to Minister for Justice, Equality and Law Reform)

In relation to the number of applications for leave to remain, it should be noted that this issue arises only in a circumstance 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, for example, to leave the State voluntarily; to consent to the making of the deportation order; or to make representations in writing within 15 working days setting out reasons the deportation order should not be made and why he or she should be allowed to remain temporarily in the State.

Under section 3(6) of the Act the Minister, in determining whether to make a deportation order, shall have regard to 11 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. Thus, statistics are not maintained to distinguish between cases where representations have been made for leave to remain fromthose where no such representations weremade.

The statistics in relation to the number of persons granted temporary leave to remain and their nationalities from November 1999 until the end of 2003 are set out in the table below:

Humanitarian Leave To Remain granted from 1999 to 2003.

Nationality

1999

2000

2001

2002

2003

Nationality Totals

Afghanistan

1

1

Albanian

1

1

Algerian

1

1

8

14

4

28

Angolan

1

3

2

2

8

Belarussian

2

1

2

2

7

Bulgarian

7

2

1

10

Burundian

1

1

Cameroon

3

3

Chinese

1

1

Congolese

1

1

Cuban

2

1

1

4

DR Congo

1

1

2

Egyptian

2

2

Gambian

1

1

2

Georgian

2

2

Ghanaian

1

1

2

Guinean

1

1

Indian

1

1

2

Iraqi

6

1

7

Kenyan

1

1

Kosovan

5

7

12

24

Latvian

5

1

1

7

Lebanese

1

1

Liberian

1

1

Libyan

1

1

Moldovan

1

8

9

Nigerian

6

16

6

28

Pakistani

1

1

2

Filipino

3

3

Polish

2

2

Romanian

1

17

61

27

106

Russian

3

4

7

3

17

Rwandan

1

1

Sierra Leone

1

1

2

1

5

Slovakian

1

1

Somalian

5

2

1

8

South African

1

2

3

Sri Lankan

1

7

8

Tajikistani

5

5

Tunisian

1

1

Turkish

1

1

2

Ugandan

1

1

Ukrainean

1

3

2

6

Uzbekistan

1

1

Vietnamese

1

1

Zairean

1

3

1

2

7

Total for Year

3

19

75

157

83

337