I propose to take Questions Nos. 52 and 105 together.
As I set out in my response to Questions Nos. 171 to 175 on Thursday, 22 February 2001, applications for refugee status are governed by the provisions of the Refugee Act, 1996, as amended, which was commenced in full by me on 20 November, 2000. Section 8(1) of that Act provides for the making of an application for a declaration that a person is a refugee to the Minister for Justice, Equality and Law Reform in certain circumstances. Those circumstances are where the applicant arrives at the frontiers of the State, section 8(1)(a), or where the applicant is in the State whether lawfully or unlawfully, section 8(1)(c).
Section 9(1) of the Act requires that an applicant who has applied at the frontiers of the State be given leave to enter the State and section 9(2) gives an asylum applicant an entitlement to remain in the State until the application has been dealt with. The Act does not provide for the making of an application outside of the State or to officials of ferry or airline carriers, whether the vessels in question are Irish registered or not.