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Dáil Éireann debate -
Wednesday, 4 Jul 2001

Vol. 540 No. 2

Written Answers. - Asylum Applications.

John Gormley

Question:

242 Mr. Gormley asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the fact that Gambian nationals fleeing from oppression are being sent back from Dublin Airport without having the chance to seek asylum; the rules which are being applied in this regard; and the procedures in place to monitor the behaviour of State officials in Dublin Airport dealing with asylum seekers. [20440/01]

Section 9(1) of the Refugee Act, 1996, as amended requires that a person who claims asylum upon arrival in the State be admitted, even if they do not fulfil the normal criteria for entry. In conjunction with the commencement in full by me of the refugee Act in November 2000, a series of training courses dealing with the Act were held for immigration officers. The instructions issued at these courses emphasised the obligation on an immigration officer to assist an asylum applicant in making his or her application and to comply generally with the provisions of the Act. In addition, the Garda authorities have issued a headquarters directive concerning the provisions of the Act for the information of all members of the Garda Síochana, including those members assigned as immigration officers.

Immigration officers at Dublin Airport and elsewhere are members of the Garda Síochana and are subject to the Garda Síochana Discipline Regulations, 1989, as well as to the provisions of the Garda Síochana (Complaints) Act, 1986. It is open to any member of the public, irrespective of their nationality, who has been directly affected by or who witnesses conduct of the nature described by the Deputy to make a complaint to the Garda Síochana Complaints Board in that regard.
The Garda authorities are satisfied that immigration officers at Dublin airport are affording the opportunity to seek asylum to those who wish to do so, including Gambian nationals. During the period January 2001 to date a total of 31 Gambian nationals sought asylum upon arrival at Dublin Airport and were given leave to enter in accordance with the provisions of the Refugee Act.
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