Dáil Éireann debate -
Wednesday, 7 Feb 2001

Vol. 530 No. 1

Written Answers. - Asylum Applications.

Ivor Callely

Question:

84 Mr. Callely asked the Minister for Justice, Equality and Law Reform if he will outline the right of a non-national to claim residency on the basis of having become a parent of a baby born here; the total number and percentage of asylum applications that have been refused at first stage since 1990; and if he will make a statement on the matter. [1173/01]

Minister for Justice, Equality and Law Reform (Mr. O'Donoghue): Children born in Ireland to non-national parents are Irish citizens and have the same citizenship rights as other Irish citizens. In line with the decision of the Supreme Court in the Fajujonu case, subject to the common good, a non-national who becomes the parent of an Irish citizen has a strong claim to be allowed reside in the State with that citizen. In examining such applications, my Department has regard to the terms of the Supreme Court's decision and in particular to the finding that an Irish citizen is entitled to the care and company of its parents in the State, even if those persons have no other entitlement to reside here, subject to the exigencies of the common good.

I have been informed by the Office of the Refugee Applications Commissioner that records are not maintained in a manner that enables it to provide all the information requested by the Deputy in respect of the total breakdown of asylum applications refused refugee status at first stage since 1990. The information it is in a position to provide is set out in the following tabular statement.

1st Stage Decisions Taken in:–	1994	1995	1996	1997	1998	1999	2000(17/11)*
Refused status of which	27	43	32	304	1,210	4,806	6,152
– were found to be manifestly unfounded	0	0	0	0	(104)	(133)	(2,232)
Total number of decisions taken	31	58	68	513	1,338	4,972	6,352
Refusals as a % of the total number of decisions taken	87%	74%	47%	59%	90%	97%	97%

*After the implementation of the Refugee Act, 1996, as amended, on 20 November 2000, applicants are not granted or refused refugee status by the Office of the Refugee Applications Commissioner. Since that date, recommendations are made to the Minister for Justice, Equality and Law Reform as to whether applicants should or should not be declared to be refugees.

Question No. 85 answered with Question No. 34.