Ciarán Cuffe (Dún Laoghaire, Green Party)
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Question 42: To ask the Tánaiste and Minister for Justice, Equality and Law Reform if he has given further consideration to the difficulties facing aged-out non-Irish minors who have applied for leave to remain in the State; his plans to address the cases of the relatively small number of people in these circumstances who wish to continue making a contribution to Irish society; and if he will make a statement on the matter. [42034/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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I would refer the Deputy to the reply I gave to Dáil Question number 61 on Thursday, 20th October, 2005 and number 180 on Wednesday, 23rd 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 i.e. 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 eleven factors cited in the Act, and having regard to Section 5 of the Refugee Act, 1996 (Prohibition of Refoulement).