Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Question 243: To ask the Tánaiste and Minister for Justice, Equality and Law Reform the number of Romanians who had section 3 leave to remain applications pending prior to 1 January 2007; and if he will make a statement on the matter. [6445/07]

Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Question 244: To ask the Tánaiste and Minister for Justice, Equality and Law Reform the number of Bulgarians who had section 3 leave to remain applications pending prior to 1 January 2007; and if he will make a statement on the matter. [6446/07]

Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Question 245: To ask the Tánaiste and Minister for Justice, Equality and Law Reform the number of Romanians who had application for permission to remain, not section 3, still pending prior to 1 January 2007; and if he will make a statement on the matter. [6447/07]

Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Question 246: To ask the Tánaiste and Minister for Justice, Equality and Law Reform the number of Bulgarians who had applications for permission to remain, not section 3, still pending prior to 1 January 2007; and if he will make a statement on the matter. [6448/07]

Michael McDowell (Dublin South East, Progressive Democrats)
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I propose to take Questions Nos. 243 to 246, inclusive, together.

An application for Leave to Remain in the State made pursuant to Section 3 (6) of the Immigration Act, 1999 arises where a non-Irish national 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.

It is not uncommon for persons with leave to remain applications under the eleven criteria of Section 3 (6) of the Immigration Act, 1999, and for persons with alternative leave to remain applications made under different and separate criteria, to make subsequent applications for residency in the State on other grounds such as marriage or familial association to an Irish/E.U. national. Given the multiplicity of application grounds, it is not possible — without disproportionate use of resources — to separate out the applications according to the various grounds.

Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Question 247: To ask the Tánaiste and Minister for Justice, Equality and Law Reform if all requests from Bulgarians and form Romanians for section 3 leave to remain or for permission to remain, not section 3, that were pending prior to 1 January 2007 have been granted or decisions issued; if not, the status of pending application; when decisions will be issued; and his position regarding the disposition of pending applications. [6449/07]

Michael McDowell (Dublin South East, Progressive Democrats)
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Since 1 January 2007, on the accession of Bulgaria and Romania to the European Union (EU), citizens of those countries are, in terms of immigration controls, covered by the provisions of the European Communities (Free Movement of Persons) (No. 2) Regulations 2006. They have the same rights of access to the Republic of Ireland as a citizen of an existing EU member state with the exception of access to the labour market.

It is not necessary for Bulgarian or Romanian citizens to register their presence in the State. This applies both to new arrivals and to those already here. I wish to advise the Deputy that all pending applications from Bulgarians and Romanians for temporary leave to remain in the State made pursuant to either Section 3 (6) of the Immigration Act, 1999, as amended, or using other criteria, have now fallen away and will remain unprocessed. This decision was taken as a direct consequence of the accession of Bulgaria and Romania to the EU.