Denis Naughten (Roscommon-South Leitrim, Fine Gael)
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Question 88: To ask the Minister for Justice, Equality and Law Reform the steps which he is taking to expedite the current leave to remain applications; and if he will make a statement on the matter. [9235/08]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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As the Deputy is probably aware, leave to remain in the State is predominantly sought by non-European economic area nationals who do not have a separate legal basis for being here. In the great majority of cases, applications of this nature are lodged by persons who have claimed asylum and who have had their applications finally rejected. They are also made by persons who have otherwise become illegal in the State through, for example, the expiration of a visitor visa or a work permit.

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 the following options: to leave the State voluntarily; to consent to deportation; or to submit, within a period of 15 working days, written representations to the Minister for Justice, Equality and Law Reform setting out the reasons they should be permitted to remain temporarily in the State. The majority of persons faced with these choices opt for the latter and submit, or have submitted on their behalf, written representations in support of their applications for permission to remain in the State.

As the Deputy will appreciate, all such applications must be considered on their individual merits. As provided for under section 3 of the Immigration Act 1999, as amended, a range of factors must be examined. The consideration of each application also involves an examination of the position of the applicant with regard to section 5 of the Refugee Act 1996, as amended, on the prohibition of refoulement.

The consideration of each application is a resource-intensive process for staff working in the Irish naturalisation and immigration service, INIS, of my Department, particularly when one considers that many applicants will, separately, have had asylum applications examined by the Office of the Refugee Applications Commissioner and the Refugee Appeals Tribunal and may also have submitted applications for subsidiary protection. The Deputy will appreciate that this multi-layered approach to bringing individual cases to finality is not resource efficient. That is why a single procedure is envisaged in the Immigration, Residence and Protection Bill 2008, which is currently before the House.

The sheer volume of such applications, and the reality that resources are not unlimited and must be prioritised, means that there will always be a backlog.

Additional information not given on the floor of the House.

However, the Deputy can rest assured that strenuous efforts have been and continue to be made to ensure that applications are processed as promptly as possible. Additional staff have been deployed to the area and considerable investment has been made in the development of technology required to support the processing of such applications.

The Deputy will appreciate that these efforts will enable the INIS, in the coming year, to make further significant progress in finalising leave to remain applications. I am satisfied also that the provisions set out in the Immigration, Residence and Protection Bill 2008 will greatly streamline the means by which applications of the nature referred to by the Deputy are processed to finality.

Denis Naughten (Roscommon-South Leitrim, Fine Gael)
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The vast majority of leave to remain applicants are either failed asylum seekers or have appeals that are ongoing. Is it not extremely questionable that people are obliged to wait, literally for years, in asylum accommodation centres? These individuals have nothing to do all day and this is costing millions of euro in taxpayers' money. In some cases, it takes up to seven years before a decision is made on a leave to remain application. Is that an appropriate system?

What specific steps does the Minister intend to take in order to address the problems that exist? While the system may be resource intensive, it is also creating additional pressures in the context of the cost of accommodation, etc. Is it not the case that by putting in place investment to allow those responsible to deal expeditiously with applications, we would save money in the long term?

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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I completely agree with the Deputy. That is why the Immigration, Residence and Protection Bill is before the House. The only way to deal with this matter is to put in place a single procedure in respect of applications of this nature. That is why it is of great importance that the legislation should be enacted as soon as possible.

It is regrettable that many persons are obliged to live in refugee accommodation for substantial periods. However, in addition to the three stages I outlined in my initial reply, there is also a constant recourse to the courts by way of proceedings for judicial review to impugn decisions that are taken in this multi-layered administrative process. If, at the end of the process, a person has exhausted his or her entitlements under the different statutory provisions and I decide, in the exercise of my discretion, that it is appropriate to make a deportation order, that, in turn, is often impugned before the courts. The new legislation will address many of these issues and will allow us to proceed on the basis of a rapid turnaround in respect of cases of this nature, which is what is required.

Denis Naughten (Roscommon-South Leitrim, Fine Gael)
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In the context of saving taxpayers' money in respect of the cost of accommodation, what is being done to deal expeditiously with those applications that are on hand while the Houses deal with the legislation? What will happen to existing applications when that legislation is enacted? It will not be possible to consider the various facets because they will already have been dealt with by parts of the system. The reason many of these cases come before the courts is that, as highlighted by the Supreme Court, we do not have a clear and transparent system in respect of the Refugee Appeals Tribunal.

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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Some 49 staff members are involved in examining applications for permission to remain in the State and for subsidiary protection. I am not aware of any comments made by the Supreme Court in respect of the Refugee Appeals Tribunal. The debate on the legislation before the House will give us the opportunity to consider the tribunal, which will become the protection tribunal, and how it can be established in a way that ensures consistency, clarity and protection of both the public interest and of the interests of those who are genuine asylum seekers.

Denis Naughten (Roscommon-South Leitrim, Fine Gael)
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What about existing applications?

Brendan Howlin (Wexford, Labour)
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We must proceed to the next question.