Pat Rabbitte (Dublin South West, Labour)
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Question 250: To ask the Minister for Justice, Equality and Law Reform if he will provide asylum statistics (details supplied) in respect of each of the previous 12 months. [15907/08]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The asylum statistics requested by the Deputy in respect of each of the previous 12 months (April 2007 — March 2008), where available, is set out in tabular format as follows.

The Immigration Act, which was commenced on the 15th September 2003, contained a number of key changes to the Refugee Act, 1996 which 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asylum applications and co-operate at all times with the processing agencies or face having their applications deemed withdrawn.

The most common reasons for an application to be deemed withdrawn are where the applicant fails to attend for an interview or oral appeal hearing without reasonable cause; fails to co-operate with the Refugee Applications Commissioner or furnish information relevant to his or her application or appeal; or an applicant fails to notify the Commissioner or Refugee Appeals Tribunal of his or her postal address or change of address.

Where ORAC is satisfied that there has been an error or omission in its procedures which might have a bearing on the outcome of an investigation, in the interests of fairness and efficiency, ORAC's policy is to reach a mutually agreeable settlement in relation to judicial review cases without delay. However, where ORAC considers that its procedures have been fully and correctly adhered to, it is prepared to contest judicial review proceedings in order to fulfil its statutory responsibility to protect the integrity of the asylum process.

Where a case is decided by the Courts in favour of the applicant, the Courts usually award costs against the State. There can be a significant gap between the award of costs by the Courts in particular cases and the payment of those costs due to delays in the submitting of bills of costs by the applicant's legal representative. Where the case is settled by the State, the terms of the settlement includes a commitment to reconsider the applicant's application of refugee status.

Parents of Irish Born Children

In so far as the parents of Irish born children are concerned, the information requested by the Deputy in relation to asylum applications, leave to remain and deportations is not available as statistics are not maintained in such a way that differentiates applications made by parents of Irish born children. The Irish Born Child 2005 Scheme ended in March 2005 and there is no longer any basis for making Permission to Remain applications on the basis of parentage of citizen children.

Leave to Remain in the State

Unsuccessful asylum applicants are afforded the opportunity to apply to the Minister for Justice, Equality and Law Reform for temporary leave to remain in the State, in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended). Every such application is considered under the eleven headings set out in Section 3(6) of the Immigration Act 1999.

Asylum applicants and the right to work

Section 9(4)(b) of the Refugee Act 1996 (as amended) provides that an applicant for asylum shall not seek or enter employment. Asylum seekers only have temporary permission to remain in the State pending the determination of their applications.

Statistics are not maintained in a way which provides a precise figure on the number of judicial review cases on hand in the Office of the Refugee Applications Commissioner at the end of March 2008. At the end of 2007, there was a total of 433 judicial reviews on hand in the ORAC. As at 31 March 2008 there was a total of 555 judicial reviews on hand in the Refugee Appeals Tribunal.

Costs recovered by the State in relation to Judicial Reviews

Any costs awarded by the Courts to the State in relation to asylum/immigration judicial reviews are in respect of legal fees incurred and are allocated to the Chief State Solicitors Office. The Deputy may wish to contact that office regarding the information being sought in this area.