I propose to take Questions Nos. 229, 234, 235, 237, 238 and 240 together.
As the Deputy is aware, there is a statutory framework governing the asylum determination process in Ireland set out in the Refugee Act, 1996. The 1996 Act established two independent statutory offices to consider applications and appeals in respect of refugee status and to make recommendations to the Minister for Justice, Equality and Law Reform on whether such status should be granted. These offices are the Office of the Refugee Applications Commissioner (ORAC) and the Refugee Appeals Tribunal (RAT).
The processing of asylum applications is undertaken within the framework of the Refugee Act 1996 and in each case due regard is had to the definition of a "refugee" in section 2 of that Act, which states that a "refugee" is—
"...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" .
Every asylum applicant is guaranteed an investigation and determination of his or her claim at first instance by the Refugee Applications Commissioner and, where necessary, an appeal with the statutorily independent Refugee Appeals Tribunal. Each application is assessed on the basis of the circumstances of the individual case and having regard to both the subjective elements (the applicant's own account or personal history) and objective elements (up-to-date information on the applicant's country or place of origin). In cases such as those described by the Deputy, if a woman establishes a credible and objectively verifiable claim that she is fleeing persecution for reasons stated, then it is possible for such claims to fall within the ambit of the refugee definition. However, each claim is the subject of an individual examination on its merits.
In reply to the Deputy's question about statistics relating to the number of applicants who may cite gender related persecution in respect of their asylum application, I am advised that the current management information systems in operation in ORAC and RAT do not provide for the compilation of statistics in relation to the different types of persecution. However, work is now ongoing on the development of a comprehensive management and statistical information system for both organisations as part of the development of a new computer system for the Irish Naturalisation and Immigration Service. When this system is in place in mid-2008, it should be possible to generate the type of information requested by the Deputy.
As I indicated, each application for asylum is investigated on its own merits. In the case of a married couple, separate interviews are conducted and separate reports are competed in relation to the results of each investigation. Accordingly, an applicant is not automatically granted the same status as their spouse. Where one is granted status, the other may apply for permission to remain in the State under the ‘family reunification' provisions of the Refugee Act 1996. Both refugee status and temporary permission to remain in the State are subject to possible re-examination by the Minister, where appropriate and necessary.
As regards the Deputy's question on documents, I am informed that the report of the investigation and any accompanying documentation is sent to each adult applicant separately. Where a child or children form part of a parent's application, any documentation on the child is sent to the parent that has included the child/children in their application. Where a separate application is made on behalf of a child, the child's application will be investigated separately, a separate file will be opened, and an interview will take place where either or both parents may attend. The report and recommendation on the results of the investigation are generally sent addressed to the minor applicant "care of" the parent that attended their interview.
In relation to the Deputy's question on the way in which information is provided to asylum applicants, I am informed that when a person applies for asylum at ORAC, a comprehensive information leaflet is provided, which is available in over two dozen languages and explains how the asylum process in Ireland operates. Applicants are also given a Customer Service Advice Leaflet and the Refugee Legal Service Information, RLS, Leaflet. Asylum applicants are informed of their right to consult a solicitor and/or the United Nations High Commissioner for Refugees (UNHCR). ORAC has a Customer Service Centre, CSC, which is a central contact point for telephone, written and email enquiries to the Office, and deals with requests for information from applicants, legal representatives, agencies and members of the public. ORAC also has in place a Customer Liaison Panel of Non-Governmental Organisations. The panel, which meets twice a year, provides a communication tool for ORAC and NGOs and provides an opportunity to highlight issues which might be of concern to asylum applicants.
In addition to the above sources of information, since 2003, ORAC has its own website , www.orac.ie, which makes information about the Office and its activities more easily available to interested parties.
Relevant information on the appeals process is also furnished to applicants by the Refugee Appeals Tribunal.
The Refugee Legal Service (RLS) is a dedicated legal service provided by the Legal Aid Board for persons applying for asylum in Ireland. The RLS provides a service to asylum seekers at all stages of the asylum process and applicants may register with the RLS at any stage of the process — initial application, appeal stage and, post asylum, in relation to matters such as applications for subsidiary protection and humanitarian leave to remain.
I am informed that the RLS uses a variety of methods to inform potential clients of the availability of its service. These include leaflets describing its services, a general information leaflet about the asylum process, posters, outreach activities, presentations and seminars. Leaflets are available in a number of different languages and are distributed to various Government and Non-Governmental Organisations nationwide, while posters are displayed in a number of strategic locations.
As part of its information provision service, the RLS provides an outreach service from its locations in Dublin, Cork and Galway. There are a number of elements to the outreach service, including regular visits by RLS staff to the reception centres in the Dublin area and also to the dispersed accommodation centres throughout the country. Each reception centre in Dublin is visited by RLS staff once per week. Accommodation centres in dispersed locations are visited less frequently — perhaps once a month, or as necessary based on indications received from the accommodation centres.