Dáil Éireann Debate, Tuesday - 28 February 2006
428 Mr. Carey asked the Minister for Justice, Equality and Law Reform the number of asylum seekers who have been given right to remain here for the years 2003, 2004 and 2005; the number of persons who have entered here illegally and have been deported in the same period; and if he will make a statement on the matter. [8155/06]
Amharc ar fhreagraI presume that the Deputy is referring to applications for leave to remain made pursuant to section 3(6) of the Immigration Act 1999 as amended. Leave to remain in these circumstances arise 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, including persons refused refugee status, is afforded three options: 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 a deportation order should not be made and that temporary leave to remain in the State be granted instead.
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 from those where no such representations were made. Similarly, statistics are not maintained to distinguish between categories of persons who have either been refused refugee status or become illegally present in the State.
The relevant statistics for the three years in question are as follows:
|
Year |
2003 |
2004 |
2005 |
|
Temporary leave to remain granted under the Immigration Act 1999 |
86 |
207 |
137 |
|
Year |
2003 |
2004 |
2005 |
|
Deportations effected |
591 |
599 |
396 |
