Denis Naughten (Roscommon-South Leitrim, Fine Gael)
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Question 553: To ask the Minister for Justice, Equality and Law Reform the average waiting time for processing of a leave to remain application; the number of applications awaiting decision; the number of applications decided in the past 12 months; and if he will make a statement on the matter. [26044/08]

Dermot Ahern (Louth, Fianna Fail)
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Applications for Leave to Remain in the State are founded on the provisions of Section 3 of the Immigration Act 1999 (as amended). Under these provisions, persons who have no legal basis for being in the State are afforded the following options; to leave the State voluntarily, to consent to deportation or to submit, within a period of 15 working days, written representations to the Minister for Justice, Equality and Law Reform setting out the reasons why they should be permitted to remain temporarily in the State. The majority of persons faced with these choices opt for the last named option and submit, or have submitted on their behalf, written representations in support of an application for leave to remain in the State.

All such applications have to be considered on their individual merits under the eleven separate headings set out in Section 3 (6) of the Immigration Act, 1999 (as amended).

The Deputy might note that each case is considered individually and regardless of whether or not written representations are submitted by, or on behalf of, the applicant. Following a detailed examination of each individual case, including a consideration having regard to Section 5 of the Refugee Act, 1996 (as amended) on the prohibition of refoulement, a recommendation is made as to whether a Deportation Order should be issued or temporary Leave to Remain in the State granted.

At present, 8,915 such cases are recorded as awaiting decision. However, this figure includes around 1,600 cases where applications for Subsidiary Protection in the State have been submitted by the same persons. Where an application for Subsidiary Protection in the State has been submitted in addition to an application for leave to remain, the Subsidiary Protection application must first be considered.

Indications are that many of those whose cases are still awaiting decision may already have left the State without notifying my Department of their having done so while others will have submitted other applications for residency e.g. applications for permission to remain in the State on the basis of their marriage to an Irish or EU National. Decisions on these applications must be finalised before their applications for leave to remain in the State can be finalised.

The Deputy will appreciate that the consideration of applications for leave to remain in the State is a resource intensive process. It is not, however, possible to provide an average waiting time for the processing of such applications, primarily because no two applications will be the same in terms of their complexity.

The following table sets out the other statistical information requested by the Deputy.