Dáil Éireann Debate, Tuesday - 23 November 2004
377 Mr. M. Higgins asked the Minister for Justice, Equality and Law Reform the details of his response to the advice given by the UNHCR regarding the treatment of Iraqi asylum seekers, including those who have been rejected. [29783/04]
View answerAs the Deputy will be aware, processing of asylum applications in Ireland is carried out within an independent statutory framework as set out in the Refugee Act 1996, as amended. This Act provides for an investigation at first instance by the independent Office of the Refugee Applications Commissioner, ORAC, and any subsequent appeals by the independent Refugee Appeals Tribunal, RAT. The granting of refugee status in Ireland is considered in accordance with the definition of refugee contained in section 2 of the Refugee Act 1996, as amended.
In March 2003, UNHCR advised countries to suspend all forced returns to Iraq, and further requested the suspension of individual processing of asylum requests. The ORAC and RAT subsequently took a decision to suspend processing of applications for asylum from Iraqi nationals in light of this advice and as the rapidly evolving situation in Iraq had made meaningful analysis of applications unfeasible. Throughout 2003, ORAC and RAT liaised with UNHCR regarding their position on Iraq and the processing of Iraqi nationals.
ORAC re-commenced processing of Iraqi applicants in March 2004. Interviews were conducted with all Iraqi applicants on hands and these cases have since been determined at first stage. Given the length of time which has elapsed since their initial application, applicants were given the opportunity to submit any additional information which they wished to have taken into account in the determination of their case. In considering such applications and determining whether to grant refugee status, account was taken of the UNHCR advice to states on the possibility of persecution emanating from non-state agents currently active in Iraq and to the potential relevance of past persecution in determining whether to grant refugee status. Following this decision by ORAC, the RAT subsequently resumed processing of Iraqi cases on appeal as they arose.
In deciding whether or not to deport a person, including a failed asylum seeker, one of the factors considered is the refoulement provision in section 5 of the Refugee Act 1996, as amended. In relation to potential returnees to Iraq, the current situation in that country is assessed. Each case is considered on an individual basis and the situation in Iraq is monitored regularly to ascertain whether persons can be returned there. The current advice of the UNHCR on returns forms an important part of the assessment of the Iraqi caseload.
