Dáil Éireann Debate, Tuesday - 30 November 2004
432 Mr. Cuffe asked the Minister for Justice, Equality and Law Reform if he will consider granting to asylum seekers, who do not qualify for recognition as refugees but who are in need of protection, leave to remain on humanitarian grounds. [31113/04]
View answerAll applications for asylum in the State are processed in accordance with the provisions of the Refugee Act 1996, as amended, and, in particular, having due regard to the definition of a refugee contained 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.
Two independent statutory offices were established to consider applications-appeals for refugee status. These two offices are the Office of the Refugee Applications Commissioner, which considers applications for refugee status at first instance, and the Refugee Appeals Tribunal, which considers appeals from negative recommendations of the commissioner. Decisions on asylum applications are made by the Minister for Justice, Equality and Law Reform upon receipt of the recommendation-decision of the Refugee Applications Commissioner or the Refugee Appeals Tribunal.
In accordance with section 3 of the Immigration Act 1999, as amended, a person who has failed the asylum process and who has been refused refugee status in the State is informed in writing that it is proposed to make a deportation order in respect of him or her and he or she is given the following options: to make written representations within 15 working days to the Minister for Justice, Equality and Law Reform setting out reasons he or she should not be deported; to voluntarily leave the State; or to consent to deportation.
Following consideration of each case under section 3(6) of the Immigration Act 1999, as amended, and section 5 of the Refugee Act 1996 — which deals prohibition of refoulement — a decision is taken whether to deport or to grant temporary leave to remain in the State. Section 3(6) of the Immigration Act 1999, as amended, requires the Minister to consider 11 factors, including representations received by or on behalf of the person, family and domestic circumstances, employment prospects etc., in deciding whether to make a deportation order or to grant temporary leave to remain in the State. Section 5 of the Refugee Act 1996 requires the Minister to satisfy himself as to the safety of returning a person, taking into account protection issues other than those as specified above, before making a deportation order.
