Denis Naughten (Roscommon-South Leitrim, Fine Gael)
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Question 212: To ask the Minister for Justice, Equality and Law Reform the number of asylum applications which were deemed by his Department to be withdrawn in each of the past five years; the number of such notifications which were not responded to by the applicant; the subsequent number of notifications of deportation which were issued on foot of a failure to respond in each year concerned; and if he will make a statement on the matter. [28875/07]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The Immigration Act 2003, which was commenced on 15 September 2003, contained a number of key changes to the Refugee Act, 1996 which enabled the processing of asylum applications to be speeded up and also enhanced our ability to deal with abusive applications. These changes included the imposition on applicants of a clear statutory duty to actively pursue their asylum applications and co-operate at all times with the processing agencies or face having their applications deemed withdrawn.

The most common reasons for an application to be deemed withdrawn are where an applicant fails to attend for an interview without reasonable cause; an applicant fails to co-operate with the Refugee Applications Commissioner after having lodged his or her application or an applicant fails to notify the Commissioner of his or her postal address or change of address. Since the commencement of the Immigration Act 2003 recommendations are made by ORAC (Office of the Refugee Applications Commissioner) to the Minister that an application should be deemed withdrawn.

The number of asylum applications deemed to be withdrawn since 2003 are set out in the table (applications deemed to be withdrawn where the application was transferred to another Dublin Convention country are provided separately in the next table).

Section 13(2) of the Refugee Act 1996 (as amended) provides that there is no right of appeal against a recommendation to deem an application withdrawn.

Where an asylum application is deemed to be withdrawn the applicant is served with a notice of intent to deport under section 3(3)(a) of the Immigration Act 1999. A person served with a notice of intent to deport is afforded certain 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. 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.

Section 22(8) of the Refugee Act (as amended) provides that where an application has been transferred to a Dublin Convention country for examination or to a safe third country, the application shall be deemed to be withdrawn.

The number of applications transferred to a convention country in each of the years since the Dublin II Regulation (Council Regulation (EC) No. 343/2003) was commenced on 1 September 2003 is set out in the table.