Vol. 563 No. 2
149 Mr. Rabbitte asked the Minister for Justice, Equality and Law Reform the manner in which the factors listed in section 3 of the Immigration Act 1999 are applied by him; the factors which are likely to militate in favour of applications for leave to remain being granted or refused; and if he will make a statement on the matter. [7359/03]
Section 3(6) of the Immigration Act 1999 requires the Minister for Justice, Equality and Law Reform to consider 11 factors when determining whether a deportation order should be made in respect of persons who have been notified under section 3(3)(a) of the Act that the Minister proposes to make a deportation order in respect of them. The granting of leave to remain applies only in cases where the making of a deportation order is contemplated. The obligations imposed on the Minister under section 3(6) arise whether or not the person in question is a failed asylum seeker and whether or not he or she has made representations of any sort. The vast majority of cases referred for consideration under section 3(6) of the 1999 Act refer to persons who have failed in their asylum applications following detailed consideration of their cases by the Office of the Refugee Applications Commissioner and, where applicable, the Refugee Appeals Tribunal. Both bodies are independent statutory establishments. A small number of cases relate to persons who are illegally in the State or who have overstayed their visa.
It must be emphasised that prior to the making of a deportation order, all such persons have the option of voluntarily returning to their country of origin which would allow them to apply to enter the State legally at a future date on a visa basis. Each case is considered on its own merits and section 3(6) of the 1999 Act does not specify those factors which are likely to influence the granting or refusal of applications for humanitarian leave to remain.
