Denis Naughten (Roscommon-South Leitrim, Fine Gael)
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Question 490: To ask the Minister for Justice, Equality and Law Reform the number of applications granted and the number refused leave to remain in each month over the past 30 months; the average waiting time for a decision on an application for leave to remain; and if he will make a statement on the matter. [8956/08]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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I presume 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, as amended. 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.

I should also mention that a person who has been refused refugee status and has been served with a notice of intention to deport is, since 10 October 2006, afforded a fourth option, viz. to apply for Subsidiary Protection pursuant to the European Communities (Eligibility for Protection) Regulations, 2006 — Statutory Instrument No. 518 of 2006.

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. Each case is considered in the context of its own individual circumstances and merits; and statistics are not maintained as to the duration of the consideration process in respect of each application, as no two applications are the same.

The numbers granted Leave to Remain in the State made pursuant to Section 3 (6) of the Immigration Act, 1999 as amended, and the numbers in respect of whom Deportation Orders were signed over the past 30 months are set out in the table below: