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Departmental Staff.

Dáil Éireann Debate, Tuesday - 25 May 2004

Tuesday, 25 May 2004

Questions (342, 343, 344, 345, 346)

John Perry

Question:

362 Mr. Perry asked the Minister for Justice, Equality and Law Reform the number of officials from the Office of the Refugee Applications Commissioners office that are working in the Refugee Appeals Tribunal in Hanover Street, Dublin, on each day in which refugee appeals hearing taking place there; and if he will make a statement on the matter. [15521/04]

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John Perry

Question:

363 Mr. Perry asked the Minister for Justice, Equality and Law Reform his views on the fact that all presenting officers who represent the Refugee Applications Commissioner at each applicant’s oral hearing are working immediately prior to each oral appeal hearings on the same floor and in the same office as staff from the Refugee Appeals Tribunal; and if he will make a statement on the matter. [15522/04]

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John Perry

Question:

364 Mr. Perry asked the Minister for Justice, Equality and Law Reform his views on the fact that all such presenting officers after each oral appeal hearing at which they have represented the Refugee Applications Commissioner, resort to their office section in the office of the Refugee Appeals Tribunal immediately after all oral hearing; and if he will make a statement on the matter. [15523/04]

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John Perry

Question:

365 Mr. Perry asked the Minister for Justice, Equality and Law Reform if it is in the interest of impartiality or that justice should be seen to be done that officials from the office of the Refugee Applications Commissioner should at any stage be working in the office of the Refugee Appeals Tribunal at any stage other than the duration of each appeal hearing having regard to the fact that their office have already refused each appellant before the Refugee Appeals Tribunal refugee status; and if he will make a statement on the matter. [15524/04]

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John Perry

Question:

366 Mr. Perry asked the Minister for Justice, Equality and Law Reform if similar facilities apply to legal representatives of persons applying for refugee status at the office of the Refugee Appeals Tribunal, as apply to the office of the Refugee Applications Commissioner with regard to access to the same areas; and if not the reason therefor; and if he will make a statement on the matter. [15525/04]

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Written answers

I propose to take Questions Nos. 362 to 366, inclusive, together.

As the Deputy will be aware, under the Refugee Act 1996, two independent statutory offices were established to consider applications and appeals on refugee status and to make recommendations to the Minister for Justice, Equality and Law Reform on whether such status such be granted to asylum applicants. These two offices are the Office of the Refugee Applications Commissioner, ORAC, which considers applications for a declaration as a refugee at first instance, and the Refugee Appeals Tribunal, RAT, which considers appeals from negative recommendations of the commissioner.

I would also point out that the heads of those offices, namely, the Refugee Applications Commissioner and the chairperson of the Refugee Appeals Tribunal also occupy independent statutory positions under the 1996 Act and the manner in which they carry out their functions and, for example, assign their staff, is a matter for them within the framework of their statutory responsibilities.

I am informed that the ORAC is one of a number of Departments and agencies which have been accommodated by the Office of Public Works at 6-7 Hanover Street, Dublin 1, which is also occupied by the RAT. Staff of the ORAC known as presenting officers represent the Refugee Applications Commissioner at appeals hearings and occupy a wing of the building in which only those staff reside. Those ORAC staff do not have access to any RAT accommodation other than rooms in which appeals hearings are held and ORAC and RAT staff do not share any floor in the building concerned. A presenting officer is called to attend an appeals hearing when the hearing is ready to commence. I am informed that a similar arrangement is in place for applicants, their legal representatives, interpreters and other participants at an appeals hearing. At the present time, some 36 staff from the Office of the Refugee Applications Commissioner work at 6-7 Hanover Street. I reiterate that irrespective of the accommodation arrangements for their staff, both agencies are independent of each other in relation to the asylum decision-making process.

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