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Dáil Éireann debate -
Tuesday, 16 May 2000

Vol. 519 No. 2

Written Answers. - Dublin Convention.

Question:

295 Dr. Upton asked the Minister for Justice, Equality and Law Reform the steps he has taken to ensure that the terms of the Dublin convention, as attached to the Refugee Act, 1996 are implemented; and if he will make a statement on the matter. [13551/00]

The Dublin Convention (Implementation) Order, 1997, made under section 22 of the Refugee Act, 1996, currently gives effect to the State's rights and obligations under the Dublin Convention. Under that order, a determination on whether to transfer an asylum request to another convention state is taken by an officer of the Department of Justice, Equality and Law Reform designated for this purpose under subsection 22(4)(a) of the Refugee Act, 1996. The determination takes into account the criteria set out in articles 3(7) and 4 to 8 of the convention, regarding the links of the applicant to other convention countries. There is an appeal mechanism which an asylum applicant can invoke against a determination that his or her application be transferred to another convention country. Such a provision is not required by the convention itself but was made a requirement by the Refugee Act, 1996, as an extra safeguard. Ireland is unique in this regard among EU countries.

The implementation order is currently being revised in the context of the implementation of the Refugee Act, 1996, as amended by the Immi gration Act, 1999. Under the Refugee Act, 1996, as amended, the function of determining whether an application should be transferred to another convention country becomes the responsibility of the Refugee Applications Commissioner.
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