Patrick Nulty (Dublin West, Labour)
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To ask the Minister for Justice and Equality further to Parliamentary Question No 560 of 19 July 2012, and regarding his reply that the requested information is not to hand, if he will consider instigating a process whereby such information can begin to be collected and collated by his Department on both a retrospective basis and into the future, and in such a manner that would not deflect from day to day work by staff; if not, the reason for same; and if he will make a statement on the matter. [46469/12]

Alan Shatter (Dublin South, Fine Gael)
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As I have advised the Deputy previously, my Department does not record the individual details he refers to in a manner as would make it possible to have this information readily compiled. The Deputy will appreciate also that in an economic climate of dwindling resources, financial and human, I could not deem the future compilation of the requested information as an essential service such as would justify the allocation of resources to such a project. The Deputy should note, however, that the great majority of persons he refers to would be asylum seekers. As a result, each individual asylum applicant would have had their individual asylum claims assessed having regard for the claims made as measured against reliable, up to date information relating to the relevant country of origin. Each applicant who was accepted as being an unaccompanied minor would have had their claims assessed, at both first instance and appeal, in a manner as befitted the age and the degree of maturity of the individual applicant. Additionally, each minor applicant, accompanied or unaccompanied, would have had access to legal representation throughout the asylum process and would have been assisted by their parent, guardian or social worker as appropriate. In circumstances where the individual asylum claim was refused, the individual applicant would have been advised as to their entitlement to apply for Subsidiary Protection and to submit written representations to the Minister setting out reasons why a Deportation Order should not be made against them. Any Subsidiary Protection claim lodged would have been investigated having regard for the claims made as measured against reliable, up to date information relating to the relevant country of origin. In circumstances where the Subsidiary Protection application was refused, the case would then be decided by reference to the provisions of Section 3 of the Immigration Act 1999 (as amended).

The Deputy should also note that the consideration of a case under Section 3 of the Immigration Act 1999 (as amended) is a very detailed one given that in all instances, regardless of whether an applicant is minor or adult, accompanied or unaccompanied, any representations submitted must be considered under the variety of headings set out in Section 3 (6) of the same Act. These headings include; the age of the person, their family and domestic circumstances, the length of time they have been in the State, their connection(s) to the State, their employment record and employment prospects, their character and conduct, the common good and any humanitarian issues raised in support of the case to remain in the State. A refoulement consideration must also be carried out i.e. an assessment as to the safety of returning that person to their country of origin having regard for the political and human rights conditions prevailing in that country at that point in time. Consideration must also be given to the person’s rights to a private and a family life, as provided for under Article 8 of the European Convention on Human Rights and to the rights of any Irish citizen child or children directly associated with the case. Once all of these matters have been considered, a decision must be made to make a Deportation Order or to grant permission to remain in the State. Where a Deportation Order is made, the enforcement of that Order becomes an operational matter for the Garda National Immigration Bureau.

Against this background, the Deputy will appreciate that every case is dealt with on an individual basis and in a comprehensive manner. The Deputy should also appreciate that the collection and compilation of the details he refers to cannot be justified at this time and, as such, I do not propose to request my officials to do so.