Dáil Éireann Debate, Thursday - 20 October 2005
61 Mr. Penrose asked the Minister for Justice, Equality and Law Reform the number of non-nationals who entered here as unaccompanied minors who have now reached the age of 18 years and whose applications for residency have not been successful; his views on whether he will reconsider his policy on those persons and allow them to remain here; and if he will make a statement on the matter. [29774/05]
View answerI am assuming that the Deputy is referring to leave to remain applications from persons who are now over 18 years of age but who originally entered the State as unaccompanied minors and made asylum applications that were later refused.
I am informed by the Refugee Applications Commissioner that there have been 1,684 asylum applications from unaccompanied minors in the period 1 January 2000 to 31 December 2005, of which 1,324 had reached the age of 18 years at the time of their asylum interview. I regret it has not been possible in the time available to assemble further information on these persons. I will be in touch with the Deputy again when this information is to hand.
The consideration given to such cases is the same as that given to other leave to remain applications. The decision not to deport a person who is illegally in the State, that is, grant temporary leave to remain, arises under section 3 of the Immigration Act 1999, as amended. Each case is individually considered in the context of its own particular circumstances, having regard to the 11 factors cited in the Act, and having regard to section 5 of the Refugee Act 1996, which pertains to prohibition of refoulement.
There is no "catch all" policy — be it to deport or allow to stay — in respect of unaccompanied minors who reach the age of 18 years. All cases are considered on their individual merits.
62 Ms Shortall asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the statement by a group (details supplied) that hundreds of homosexuals here are in long-term cohabiting relationships with partners who have immigration and residency issues; his views on whether equal immigration rights will be given to same sex couples as are available to heterosexual married couples; and if he will make a statement on the matter. [29755/05]
View answerThe organisation referred to by the Deputy has made a submission to my Department in response to the discussion document, Immigration and Residence in Ireland, which I published in April of this year. This submission was one of several concerning the rights of same sex couples in Irish immigration legislation and policy.
At present, when determining whether a foreign national should be admitted to the State to join another foreign national or, indeed, an Irish national, a number of questions arise. One fundamental consideration in most cases relates to the extent to which the couple will in the future be in a position to support themselves without recourse to public funds. That in turn requires an evaluation of the nature and extent of the relationship between the persons in question.
Where the persons in question are married, that evaluation is relatively straightforward from an administrative point of view. However, where the relationship is more informal its dynamics are more difficult to determine objectively, particularly where it is not underpinned by any formal legal contract.
At present, the Irish immigration system does not have any formal procedures for recognising same sex partnerships. However, my Department is currently preparing an immigration and residence Bill. The aforementioned discussion document, Immigration and Residence in Ireland, indicates the range of issues to be addressed and indicates how they are likely to be dealt with in future legislation and in future policy. Among the issues the document identifies as areas that will need to be considered are unmarried partners and same sex relationships.
