Ivor Callely (Dublin North Central, Fianna Fail)
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Question 15: To ask the Tánaiste and Minister for Justice, Equality and Law Reform the number of people who sought asylum or leave to remain in Ireland since 1992; and if he will make a statement on the matter. [12841/07]

Michael McDowell (Dublin South East, Progressive Democrats)
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The total number of applications received for Asylum from 1992 to 28 February 2007 is 73,245.

In regard to Leave to Remain, I am assuming 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 as amended.

An application for Leave to Remain in the State in these circumstances arises where a non-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.

Leave to remain, outside that granted on the grounds of parentage of an Irish born child or marriage to an Irish or EU national, is considered in the context of deciding whether or not to deport a non-national.

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, as amended, and Section 5 (Prohibition of Refoulement) of the Refugee Act, 1996, as amended.

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.