Catherine Murphy (Kildare North, Independent)
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Question 35: To ask the Minister for Justice, Equality and Law Reform if he intends to confer immigration status on persons (details supplied) who were granted work permits due to the fact that they were resident here as asylum seekers prior to 28 July 1999. [16011/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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The position is that persons in the State seeking asylum do not have the right to work pursuant to section 9(4)(b) of the Refugee Act 1996. However, as an exceptional measure — and before the commencement of the Refugee Act 1996 in November 2000 — the Government decided on 26 July 1999 to allow a certain category of asylum seeker to seek employment, while his-her asylum claim was being processed.

The qualifying criteria were, first, that the asylum seeker had made his-her application on or before 26 July 1999, second, that the application was more than 12 months old and had not been finally determined, and, third, that the person had been complying with his-her obligations as an asylum seeker. In addition, requests from employers for work permits to employ asylum seekers in that category were to be generally facilitated.

Approximately 2,500 person fell into this category. The concession was subsequently amended to remove the need for employers to seek work permits for the persons eligible, who were instead issued with "right to work" letters. However, this right to work ceased if and when the person received a final negative decision about his or her asylum claim. This has subsequently been upheld in judgments by the High and Supreme Courts.

The position in regard to the six persons referred to by the Deputy is as follows. All six have had their asylum claims rejected. Two are evading deportation orders already issued in respect of them since 8 March 2002 and 10 February 2005, respectively, and are being sought by the Garda National Immigration Bureau for removal. The remaining four cases are being considered for deportation-leave to remain under section 3(6) of the Immigration Act 1999, as amended, and section 5 of the Refugee Act 1996, prohibition of refoulement, as amended. I expect these cases to be submitted to me shortly for a decision. It should be noted that, in determining whether to issue a deportation order in respect of a person, I am obliged by section 3(6)(e) to consider the employment, including self-employment, record of the person concerned.

The persons concerned will be notified of their outcome in due course.