Dáil Éireann debate -
Tuesday, 3 Apr 2001

Vol. 533 No. 6

Written Answers. - Convention Refugees.

John Gormley

Question:

395 Mr. Gormley asked the Minister for Justice, Equality and Law Reform the procedure in granting requests made by convention refugees for family reunification; the criteria under the Refugee Act, 1996, as amended, which are entailed; and if he will make a statement on the matter. [10043/01]

John Gormley

Question:

396 Mr. Gormley asked the Minister for Justice, Equality and Law Reform the policy guidelines used by his Department to determine whether to grant an application to an individual who is a dependent member of the Conventions refugee's family, in particular when the application is for someone who is not a spouse or a sibling under 18 years of age; and if he will make a statement on the matter. [10044/01]

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

I propose to take Questions Nos. 395 and 396 together.

The procedures in respect of applications for family reunification from family members of persons in respect of whom a declaration of refugee status is in force are set out in section 18 of the Refugee Act, 1996, as amended.

Section 18 provides that a person who has been recognised as a refugee can apply to the Minister for permission to enable a member of his or her family to enter and reside in the State. The Minister is required to refer such an application to the Refugee Applications Commissioner for the purposes of investigating the application and submitting a report thereon. This report sets out the relationship between the refugee and the person who is the subject of the application and also deals with the domestic circumstances of the person.

Subject to there being no objections from the perspective of national security or public policy, where on the basis of the report the Minister is satisfied that the person is a member of the family of the refugee, the Minister must grant permission to the person to enter and reside in the State. In this context ‘member of the family' is defined as being the spouse of the refugee, the minor unmarried children of the refugee and, where the refugee is under the age of 18, his or her parents.

In addition, the Minster may, at his or her discretion, grant permission to certain other dependent members of the family where those relatives are dependent on the refugee or suffering from a mental or physical handicap to such extent that it is not reasonable for them to maintain themselves fully. The categories of relative to whom this provision applies are set out in section 18(4)(f2>b) of the Act.

In considering applications which come within this latter provision, the Minister will have regard to the report of the commissioner, any other relevant circumstances of which he is aware and any national security or public policy implications.