Dáil Éireann debate -
Tuesday, 23 Oct 2001

Vol. 542 No. 5

Written Answers. - Asylum Seekers.

Conor Lenihan

Question:

395 Mr. C. Lenihan asked the Minister for Justice, Equality and Law Reform if it is proposed to introduce security checks to ensure asylum seekers who are being actively considered for refugee status with permanent residency rights here are not connected with proscribed international terrorist organisations; and if he will make a statement on the matter. [24948/01]

Conor Lenihan

Question:

398 Mr. C. Lenihan asked the Minister for Justice, Equality and Law Reform the initial security checks in place to ensure that asylum seekers who have made an initial application for refugee status with permanent residency rights here are not connected with proscribed international terrorist organisations; if such checks were in place up to 11 September 2001; and if he will make a statement on the matter. [24955/01]

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

I propose to take Questions Nos. 395 and 398 together.

The provisions of the Refugee Act, 1996 govern the mechanisms employed to determine an application for refugee status under the 1951 Geneva Convention relating to the status of refugees and its related 1967 protocol. The criteria governing the grant of refugee status in the State are contained in section 2 of the 1996 Act. These criteria apply equally to all applications for a declaration as a refugee having regard to the subjective fear of an applicant and to objective country of origin information.

Certain classes of person are excluded from the definition of a refugee under the terms of the 1951 Convention. These include persons who have committed a crime against peace, a war crime, a crime against humanity or a serious non-political crime and the provisions of the Act of 1996 reflect those exclusions. However, it is a requirement of the Act of 1996 that any person who approaches the frontiers of the State and makes an application for asylum must be given leave to remain in the State for the purposes of having his or her asylum claim determined. The same applies in the case of an asylum applicant who is already in the State. In each case and prior to a final decision being made regarding eligibility for status, an asylum applicant is entitled to benefit from the asylum determination process as enshrined in the 1996 Act. Each applicant is entitled to have his or her case determined by the Refugee Applications Commissioner and, where appropriate, the Refugee Appeals Tribunal who make a recommendation to the Minister in relation to applications for asylum, depending on the circumstances applicable in each case, which includes consideration of detailed country of origin information. In that context it is open to the Refugee Applications Commissioner to seek additional information from the Garda Síochána and for the Garda Síochána to make additional information available to that office where it is considered that such information may be relevant to the circumstances of the case. If a positive recommendation is made to the Minister he is entitled under the 1996 Act to have regard to the interest of national security or public policy prior to granting a declaration of status. The mechanisms employed to address the circumstances comprehended by the Deputy's questions are kept under constant review but I am sure the Deputy will appreciate that it would not be appropriate for me to discuss the application of those mechanisms. I assure the Deputy that arising from the dreadful attacks of 11 September 2001 in the United States, international co-operation in the fight against terrorism has been enhanced. Ireland will not be found wanting in this regard and the Garda Síochána are co-operating fully with the current world wide investigations into these atrocities. At EU level, the meeting of the special Council of Justice and Home Affairs Ministers held on 20 September 2001 invited the European Commission to examine urgently the relationship between safeguarding internal security and complying with international protection obligations and instruments. I understand this examination is being undertaken at present. In addition, the Security Council of the United Nations has adopted Resolution No. 1373 which,inter alia, calls on states to take appropriate measures in conformity with the relevant provisions of national and international law, including international standards of human rights, before granting refugee status, for the purpose of ensuring that an asylum seeker has not planned, facilitated or participated in the commission of terrorist acts, and ensure, in conformity with international law, that refugee status is not abused by the perpetrators, organisers or facilitators of terrorist acts. At national level, having due regard to our obligations under international law including our obligations under the 1951 Geneva Convention and the related 1967 protocol, and to ongoing developments at EU level and at the United Nations, we will continue to take all necessary measures to ensure the security of the State is properly protected including when meeting our obligations in the area of international protection.