Vol. 529 No. 1
996 Mr. Higgins (Mayo) asked the Minister for Justice, Equality and Law Reform if female asylum seekers from African countries in which female genital mutilation is practised are regarded as coming within the scope of the Geneva Convention of 1951. [1033/01]
The 1951 Geneva Convention relating to the status of refugees and section 2 of the Refugee Act, 1996, as amended, defines a refugee 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,".
Section 1 of the Refugee Act, as amended, defines "membership of a particular social group" as including membership of a trade union and also includes membership of a group of persons whose defining characteristic is their belonging to the female or the male sex or having a particular sexual orientation.
I am informed by the office of the Refugee Applications Commissioner that where an applicant claims a fear of persecution arising from the practice of female genital mutilation that claim is investigated within the definition of a refugee having regard to the subjective fear of the applicant and to the objective country of origin information. A recommendation is made depending on the circumstances applicable in each individual case.
Question No. 997 answered with Question No. 977.
