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Dáil Éireann debate -
Thursday, 3 Feb 1994

Vol. 438 No. 3

Written Answers. - Policy on Political Asylum.

Trevor Sargent

Question:

80 Mr. Sargent asked the Minister for Justice the Government's policy regarding those who arrive at Shannon airport seeking political asylum; and the steps, if any, taken to ensure that those who are refused asylum do not have their human rights violated in the country they are flown to.

Government policy on political asylum is and has been in accordance with our international commitments arising under the 1951 United Nations Convention on the Status of Refugees, as amended by the 1967 New York Protocol. In this regard, applications for political asylum are examined in accordance with an administrative procedure agreed in 1985 with the United Nations High Commissioner for Refugees, UNHCR. The arrangements provide a comprehensive framework within which the examination of an application takes place, as well as providing for the participation of the UNHCR and the Department of Foreign Affairs in the consideration of such applications.

The House will be aware of the recent publication of the interim report of the interdepartmental committee which was established to examine policy and practices relating to non-nationals who are resident in the State and relating to persons who apply for refugee status. The interim report is concerned specifically with the arrangements for dealing with applications for refugee status. The essential recommendation in the report is that arrangements for examining and deciding on applications for refugee status should be placed on a statutory footing with provision in the statute for an appeals mechanism.
The report is being examined with a view to introducing legislative proposals as soon as possible. To avoid any delay, I instructed my Department to commence work on a Bill in parallel with the work of the interdepartmental committee. A draft general scheme of a Bill has been prepared and, in accordance with normal practice, has been circulated to other Government Departments for their observations.
In relation to persons who are unsuccessful in their applications for refugee status, the position is that a significant number of such persons are permitted to remain in the State on humanitarian grounds. I am guided by advice in the consideration of requests to remain in the State on such grounds, in particular that of the UNHCR and of the Department of Foreign Affairs.
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