Eamon Gilmore (Dún Laoghaire, Labour)
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Question 456: To ask the Minister for Justice, Equality and Law Reform the consideration he has given to the case made to him that aged out minors should be permitted to remain here; his response to the case made (details supplied); and if he will make a statement on the matter. [4274/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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I assume the Deputy is referring to leave to remain applications from persons who are now over 18 years of age but who originally entered the State as unaccompanied minors and made asylum applications that were later refused.

I refer the Deputy to the reply I gave to Question No. 91 on Wednesday, 23 November 2005. The consideration given to such cases is the same as that given to other leave to remain applications. The decision not to deport a person who is illegally in the State, that is, grant temporary leave to remain, arises under section 3 of the Immigration Act 1999, as amended. Each case is individually considered in the context of its own particular circumstances, having regard to the 11 factors cited in the Act, and having regard to section 5 of the Refugee Act 1996, prohibition of refoulement.

There is no catch all policy — be it to deport, or allow to stay — in relation to unaccompanied minors who reach the age of 18 years. All cases are considered on their individual merits.