Eamon Ryan (Dublin South, Green Party)
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Question 105: To ask the Minister for Justice, Equality and Law Reform if he will re-examine, in a careful and compassionate manner his policy of refusing leave to remain to the majority of young non-Irish applicants who are integrated into Ireland but who are being deported once they reach 18 years of age, with a view to allowing more of these individuals to remain in the State. [10867/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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It is assumed that this question refers to unaccompanied minors who arrive in the State seeking asylum, whose claims for refugee status are refused following consideration of their cases by two independent bodies — the Office of the Refugee Applications Commissioner and the Refugee Appeals Tribunal — and who subsequently reach the age of majority.

In such circumstances, the person 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 is afforded three options, namely, 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 why 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 the duration of residence in the State. Further, the Minister must have regard to section 5 of the Refugee Act 1996 — prohibition of refoulement— which forbids the sending of a person in any manner whatsoever to a place where the life or freedom of the person would be threatened on account of that persons race, religion, nationality, membership of a social group or political opinion. This refoulement provision does not mean that persons may not be returned to countries which would have inferior welfare, educational and health services to ours. This is not in itself a basis for allowing them to remain here. It is not the case that there is a policy not to grant leave to remain to persons in the circumstances cited above. All applications are dealt with on a case by case basis, taking account of the Minister's obligations under the law.