Vol. 442 No. 7
39 Mr. G. Mitchell asked the Minister for Justice if she will ensure that a person (details supplied) in detention is not deported so that arrangements can be put in place to ensure an independent review of his application for political asylum; if she will confirm that such a review board will be in place in the near future and that the person concerned, who may be in danger if he is returned to his native country, will have his case submitted to that board.
The individual concerned is the subject of a deportation order made on 10 November 1993 requiring him to leave the State. While this order was being executed he applied for refugee status. The application for asylum was examined in detail in accordance with the 1951 Geneva Convention and the UNHCR were consulted. Having examined the application, the UNHCR confirmed that the applicant did not qualify for refugee status, and accordingly, I refused him recognition as a refugee.
The person's legal advisors were notified of this decision, and the reasons on which it was based, on 13 January 1994. They were also informed that he would have an opportunity to appeal the decision to the Interim Appeals Authority specifically established to hear such cases, if he so wished. On 18 January 1994 notice of intention to appeal was lodged and on 1 March 1994 my Department was informed by his legal advisors that the person wished to withdraw the appeal to the Interim Appeals Authority. However, he sought reliefs by way of judicial review and habeas corpus in the High Court. I understand that these applications were rejected by the High Court and that an appeal is due for hearing in the Supreme Court shortly. In these circumstances, I do not propose to comment further on the matter.
