Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Question 233: To ask the Minister for Justice, Equality and Law Reform the number of applications for leave to remain here on the basis of humanitarian and compassionate grounds which he has reviewed since assuming office, by country; the number he has approved and the number he has rejected, by country; and if he maintains a record of the reasons for his decisions. [11474/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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Leave to remain, outside that granted on the grounds of parentage of an Irish born child or marriage to an Irish or EU national, is considered in the context of deciding whether to deport a non-national. It is considered, irrespective of whether an application or representations are made to the Minister. In deciding every case the Minister must have regard to the relevant legislation, which is section 3(6) of the Immigration Act 1999, as amended, and section 5 of the Refugee Act 1996 relating to prohibition of refoulement. Leave to remain is granted as a consequence of deciding not to make a deportation order, after considering the particular facts and circumstances of each individual case, including any representations made by or on behalf of the person concerned. The grounds for granting leave to remain are therefore many and varied and are not just limited to humanitarian and compassionate considerations alone. A statistical record of such reasons is not maintained by my Department.

The following table outlines the number of cases considered and the outcomes of those decisions since I took office on 6 June 2002.

Given the number of decisions, it would involve a disproportionate use of staff resources and time to provide a detailed breakdown by country of the hundred or more nationalities involved.