Olivia Mitchell (Dublin South, Fine Gael)
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Question 232: To ask the Tánaiste and Minister for Justice, Equality and Law Reform the number of people granted humanitarian leave to remain here for each of the years from 2002 to date in 2006; and if he will make a statement on the matter. [35266/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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I presume that the Deputy is referring to applications for Leave to Remain in the State made pursuant to Section 3 (6) of the Immigration Act, 1999.

An application for Leave to Remain in the State in these circumstances arises where a non-national 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 to deport is afforded three options, viz. to leave the State voluntarily; to consent to the making of a Deportation Order; or to make representations in writing within 15 working days setting out reasons as to why a Deportation Order should not be made and why temporary Leave to Remain in the State be granted instead.

In determining whether to make a deportation order or grant temporary leave to remain in the State, I must have regard to the eleven factors set out in Section 3(6) of the Immigration Act, 1999 and Section 5 (Prohibition of Refoulement) of the Refugee Act, 1996. Temporary leave to remain is considered in every case regardless of whether representations are made by, or on behalf of, the persons concerned. Statistics are not maintained in a way which distinguishes between those who have made an application for leave to remain and those who have not. Moreover, it must be borne in mind that many of those who failed the asylum process, and who did not opt to return voluntarily or consent to deportation, nonetheless left the State before a decision to deport or grant leave to remain was made.

The figures in the table below refer to persons who received a notification of intention to deport under Section 3(b)(ii) of the Immigration Act, 1999 but were subsequently granted temporary leave to remain in the State for an initial period of one year. The majority of these would have been persons who were refused refugee status in the State.

The figures in the table above do not include persons who have been granted permission to remain in the State on the basis of parentage of an Irish born child either under the revised scheme announced in January 2005 or under the earlier arrangements, or those granted residency on the basis of marriage to Irish/E.U. nationals. Many of these persons would otherwise have been considered for leave to remain in the context of the deportation system described above. For example, in the case of the Irish Born Child Scheme initiated in January of last year, a total of 17,917 applications for leave to remain were received of which, as of 19 October, 2006, 16,980 have been granted.