I propose to take Questions Nos. 243 to 246, inclusive, together.
An application for Leave to Remain in the State made pursuant to Section 3 (6) of the Immigration Act, 1999 arises where a non-Irish 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 to deport is afforded three options, viz. to leave the State voluntarily; to consent to the making of a Deportation Order; or to make representations in writing within 15 working days setting out reasons as to why a Deportation Order should not be made and why temporary Leave to Remain in the State be granted instead.
In determining whether to make a deportation order or grant temporary leave to remain in the State, I must have regard to the eleven factors set out in Section 3 (6) of the Immigration Act, 1999, and Section 5 (Prohibition of Refoulement) of the Refugee Act, 1996. Temporary leave to remain is considered in every case regardless of whether representations are made by, or on behalf of, the persons concerned. Statistics are not maintained in a way which distinguishes between those who have made an application for leave to remain and those who have not. Moreover, it must be borne in mind that many of those who failed the asylum process, and who did not opt to return voluntarily or consent to deportation, nonetheless left the State before a decision to deport or grant leave to remain was made.
It is not uncommon for persons with leave to remain applications under the eleven criteria of Section 3 (6) of the Immigration Act, 1999, and for persons with alternative leave to remain applications made under different and separate criteria, to make subsequent applications for residency in the State on other grounds such as marriage or familial association to an Irish/E.U. national. Given the multiplicity of application grounds, it is not possible — without disproportionate use of resources — to separate out the applications according to the various grounds.