Dáil Éireann debate -
Thursday, 4 Dec 2003

Vol. 576 No. 3

Written Answers. - Asylum Applications.

Denis Naughten

Question:

121 Mr. Naughten asked the Minister for Justice, Equality and Law Reform the number of Moldovan citizens who have been granted asylum here; the grounds under which asylum has been granted; and if he will make a statement on the matter. [29558/03]

Minister for Justice, Equality and Law Reform (Mr. McDowell)

Under the Refugee Act 1996, two independent statutory offices were established to consider applications for refugee status and make recommendations to the Minister for Justice, Equality and Law Reform on whether such status should be granted.

These two offices are the Office of the Refugee Applications Commissioner, ORAC, which considers applications for a declaration of refugee status in the first instance and the Refugee Appeals Tribunal which considers applications for a declaration at appeal stage.

The number of Moldovan nationals who were recommended for refugee status in Ireland by the Office of the Refugee Applications Commissioner and the Refugee Appeals Tribunal between 1 January 2001 and 31 October 2003 is 129.

To qualify for refugee status, the applicants concerned would have been found to have met the definition of refugee in the Refugee Act 1996, as amended. Section 2 of the 1996 Act defines a refugee as a person who, owing to a well founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his or her nationality and is unable or, owing to such fear, is unwilling to avail himself or herself of the protection of that country; or who, not having a nationality and being outside the country of his or her former habitual residence, is unable or, owing to such fear, is unwilling to return to it.

Denis Naughten

Question:

122 Mr. Naughten asked the Minister for Justice, Equality and Law Reform the decision of an appeal by a person, details supplied, which was referred to the Immigration Board; the legal status of the family; the action he intends to take; and if he will make a statement on the matter. [29559/03]

Minister for Justice, Equality and Law Reform (Mr. McDowell)

I refer the Deputy to my reply to Questions Nos. 390 and 309 of 4 March and 2 December 2003 respectively concerning this case in which I stated, inter alia, that the father's application for asylum is with the Refugee Appeals Tribunal and that the mother has applied for residency in the State on the basis of an Irish born child.

No decision had issued in respect of the mother's residency application prior to the Supreme Court judgment of 23 January 2003 in the L&O case, on foot of which the Government announced on 18 July 2003 that residency applications based on the birth of an Irish born child which were outstanding on 19 February 2003 would be examined and decided individually. This is one of those outstanding applications and a decision will be made in due course.