Dáil Éireann debate -
Thursday, 15 Jun 2000

Vol. 521 No. 3

Written Answers. - Asylum Applications.

Paul Bradford

Question:

140 Mr. Bradford asked the Minister for Justice, Equality and Law Reform if a person (details supplied) whose parents moved to Ireland as asylum seekers from Kosovo can be allowed to join them; and if he will make a statement on the matter. [17042/00]

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

It is not the 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.

I can confirm, however, that the mother and stepfather requested that the child be reunited with them in this State. Following consultation with the applicants' legal representatives at that time agreement was obtained for officials of the asylum division of my Department to approach the Italian authorities in accordance with the terms of Article 12 of the Dublin Convention – the Dublin Convention is the mechanism by which it is determined which EU state is responsible for dealing with asylum applications. Article 12 of the Dublin Convention provides "where an application for asylum is lodged with the competent authorities of a member state by an applicant who is on the territory of another member state, the determination of the member state responsible for examining the application for asylum shall be made by the member state on whose territory the applicant is. The latter member state shall be informed without delay by the member state which received the application and shall then, for the purpose of applying this convention, be regarded as the member state with which the application for asylum was lodged". In accordance with the terms of Article 12 it is a matter for the Italian authorities as to whether or not they request us to take responsibility for the person concerned in this case. No such request has been received from the Italian authorities. On the basis of documentary evidence supplied to my Department it appears that the Italian authorities are satisfied that the child is residing with her legal guardians in Italy. The legal representatives of the mother and stepfather at that time were informed accordingly in a letter dated 23 November 1999.

I am satisfied that exhaustive enquiries have been carried out by my Department in order to ensure that all legal obligations under the Dublin Convention were properly adhered to in relation to this matter.