I would refer the Deputy to my reply to his previous Parliamentary Question in this matter, No. 553 of Tuesday 1 July 2008. Applications for Leave to Remain in the State are founded on the provisions of Section 3 of the Immigration Act, 1999 (as amended). Under these provisions, persons who have no legal basis for being in the State are afforded, among other options, the option to submit, within a period of 15 working days, written representations to the Minister for Justice, Equality and Law Reform setting out the reasons why they should be permitted to remain temporarily in the State. The majority of persons in this position avail of this option and submit, or have submitted on their behalf, written representations in support of an application for leave to remain in the State.
All such applications have to be considered on their individual merits under the eleven separate headings set out in Section 3(6) of the Immigration Act, 1999 (as amended). The Deputy might note that each case is considered individually and regardless of whether or not written representations are submitted by, or on behalf of, the applicant. Following a detailed examination of each individual case, a recommendation is made as to whether a Deportation Order should be issued or temporary Leave to Remain in the State granted.
It is difficult to provide a precise indication of the number of such cases which are awaiting a decision at present. However, a detailed assessment is in progress and when this exercise has been completed I will advise the Deputy of the up to date figure. The consideration of applications for leave to remain in the State is a resource intensive process. It is not, however, possible to provide an average processing time in the context of such applications, primarily because no two applications will be the same in terms of their complexity.