John Cregan (Limerick West, Fianna Fail)
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Question 118: To ask the Tánaiste and Minister for Justice, Equality and Law Reform the number of applicants, families and individuals, granted asylum or the right to remain in the country since 1992 to date in 2007; the terms and conditions specified in the standard approval; and the number of cases since 1992 where the grant was subsequently withdrawn due to criminal convictions and so on. [15572/07]

Michael McDowell (Dublin South East, Progressive Democrats)
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The information requested by the Deputy in relation to the number of asylum applications granted during the period 1992 to 2007 is outlined in Table 1. I would point out that I have been advised by the Office of the Refugee Applications Commissioner that it compiles statistics based on individual applications and not on a family basis.

In regard to Leave to Remain, the present statutory position is governed by 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.

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. The number of persons granted leave to remain in the context of the deportation process is set out in Table 2.

Leave to remain is also granted for other reasons. For example, under the revised arrangements introduced in January 2005 for the processing of applications from the non-national parents of Irish born children, some 17,000 applicants were granted leave to remain.

In relation to terms and conditions, applicants for asylum who obtain refugee status have rights and entitlements as set out in section 3 of the Refugee Act, 1996, which include the entitlement to reside in the state, to work, to carry on a business, trade or profession and to have access to education and training as well as access to medical care and social welfare benefits as those to which Irish citizens are entitled. Persons with refugee status are also entitled to apply for family reunification in accordance with section 18 of the Refugee Act 1996. Individuals granted refugee status are also informed of the circumstances under which a declaration as a refugee may be revoked as set out in section 21 of the Refugee Act, 1996.

Persons who are granted leave to remain following consideration of their case under section 3 (6) of the Immigration Act, 1999 are required to: obey the laws of the State, not become involved in criminal activity, make every effort to become economically viable in the State by engaging in employment, business or a profession and take all steps (such as participation in training or language courses) to enable them to engage in employment, business or a profession. The conditions under which permission to remain is granted under the IBC Scheme are the same as those for persons granted leave to remain with an additional condition which requires the applicant to accept that the granting of permission to remain does not confer any entitlement or legitimate expectation on any other person, whether related to the applicant or not, to enter the State.

Since 2001 some 8 grants of refugee status have been revoked. Figures are not available in relation to grants of permission to remain which have been withdrawn. Under the IBC/05 Scheme, I am advised that less than 0.01% of those granted leave to remain subsequently had their grants revoked due to non-compliance with the criteria of the scheme.