Nora Owen
Question:577 Mrs. Owen asked the Minister for Justice, Equality and Law Reform the actions he will take in relation to the case of a person (details supplied) seeking asylum here. [11848/02]
Written Answers. - Asylum Applications.
The person in question has made two applications to the Minister; the first for refugee status and the second for permission to remain in the State on the basis that he is residing here with his wife, who is an Irish citizen. Applications for refugee status are dealt with in accordance with the provisions of the Refugee Act, 1996. Under the Act, two independent statutory offices were established to consider applications and appeals for refugee status and to make recommendations to the Minister on whether such status should be granted. The two offices created are the Office of the Refugee Applications Commissioner, which considers applications for a declaration as a refugee at first instance and the Refugee Appeals Tribunal, which considers applications for a declaration in the event of an appeal. I will make a decision on the application for refugee status in accordance with section 17 of the Act when I receive the recommendation of the Refugee Applications Commissioner, or, in the event of an appeal, of the Refugee Appeals Tribunal.
The application for permission to remain in Ireland as the spouse of an Irish national does not come within the ambit of the Refugee Application Commissioner's statutory functions, but is solely a matter for the Minister for Justice, Equality and Law Reform. The application is under consideration at present. It should be borne in mind however that a non-EEA national does not enjoy the right to remain in the State simply by virtue of the fact that he or she is the spouse of an Irish national.