Dáil Éireann debate -
Wednesday, 7 Jun 2000

Vol. 520 No. 4

Written Answers. - Asylum Applications.

Brendan Howlin

Question:

188 Mr. Howlin asked the Minister for Justice, Equality and Law Reform the position regarding the asylum application of a Romanian national (details supplied) in County Wexford, who has resided here for four years and is married to an Irish woman; and if he will make a statement on the matter. [15879/00]

Minister for Justice, Equality and Law Reform (Mr. O'Donoghue):

It is not general practice to comment publicly on individual applications for refugee status having regard to the fact that applications by their nature are made in confidence with the expectation by the applicant that such confidence will be preserved.

However, the position in this instance is that the applicant was interviewed on 10 August 1998 and it was decided that he does not qualify as a refugee in accordance with the definition contained in the 1951 convention relating to the status of refugees as amended by the 1967 protocol and as defined in section 2 of the Refugee Act, 1996. A refugee is defined as a person who, owing to a well founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his or her nationality and is unable or, owing to such fear, is unwilling to avail himself or herself of the protection of that country; or who, not having a nationality and being outside the country of his or her former habitual residence, is unable or, owing to such fear, is unwilling to return to it.

The applicant appealed the decision to refuse him refugee status. On 12 May 1999 his appeal was heard by an independent appeal authority. On 28 June 1999 the applicant was refused on appeal and he was informed accordingly.

On 3 September 1999, the applicant lodged an application for permission to remain in the State on the basis of his marriage to an Irish national. On 29 September 1999 and on 7 April 2000 the applicant was contacted in writing, at the last address he provided to my Department when supplying documentation in support of his application. Since then my Department has received no correspondence from the applicant and, therefore, was not in a position to process the application. It is noted from the details supplied by the Deputy that the applicant is now residing at a different address. My Department will contact him at this address in order that his application may be processed further.