Dáil Éireann Debate, Thursday - 5 July 2007
227 Deputy John Perry asked the Minister for Justice, Equality and Law Reform the number of unaccompanied minors who arrived here in each year since 1990 to date in 2007; and if he will make a statement on the matter. [19565/07]
View answerThe only information I am in a position to provide the Deputy with is in respect of my area of responsibility, namely unaccompanied minors who have applied for asylum. The information is only available from 1998. The details are set out in tabular format below.
Under the provisions of the Refugee Act, 1996, where it appears that a person is under the age of 18 years and unaccompanied, the minor must be referred to the Health Service Executive (HSE) which will then decide whether or not to make an application for asylum on their behalf. In the event that an application is made, the HSE will then assist the minor throughout the asylum process, including accompanying them to any interview or hearing that may be scheduled.
The processing of applications for refugee status from unaccompanied minors has a number of child-specific features and has regard to a number of distinct factors including the UNHCR's Guidelines.
|
Year |
No. of Unaccompanied Minors who applied for asylum |
Year |
No. of Unaccompanied Minors who applied for asylum |
|
1998 |
* |
2003 |
271 |
|
1999 |
38 |
2004 |
128 |
|
2000 |
302 |
2005 |
131 |
|
2001 |
600 |
2006 |
131 |
|
2002 |
288 |
2007 (30/06) |
47 |
* Statistics are not released where there are less than 10 cases involved.
228 Deputy John Perry asked the Minister for Justice, Equality and Law Reform the number of asylum seekers who have been detained in prisons here in each year since 1990 to date in 2007 with a breakdown according to age and gender; and if he will make a statement on the matter. [19566/07]
View answerApplicants for asylum who are awaiting a decision on their applications are rarely detained. Section 9(8) of the Refugee Act 1996 sets out the reasons for which an asylum seeker can be detained and subsequent provisions of the 1996 Act outline the conditions governing such detentions.
Asylum seekers may also be remanded in custody in respect of criminal charges pending against them sometimes connected with possession of stolen or forged identity documents.
I am advised that the number of asylum seekers detained in prisons is not available.
229 Deputy John Perry asked the Minister for Justice, Equality and Law Reform the way information on the asylum process is made available to asylum seekers; and if he will make a statement on the matter. [19567/07]
View answer234 Deputy John Perry asked the Minister for Justice, Equality and Law Reform if a person is granted refugee status, are their spouse automatically also granted refugee status; if the spouse loses this status, if the relationship ends; and if he will make a statement on the matter. [19572/07]
View answer235 Deputy John Perry asked the Minister for Justice, Equality and Law Reform if it is the mother or father who is given asylum documents relating to their children with regard to asylum seekers; if, in the case of a married couple are both given copies of each others documents; and if he will make a statement on the matter. [19573/07]
View answer237 Deputy John Perry asked the Minister for Justice, Equality and Law Reform the number of asylum seekers arriving here who have reported having experienced gender related torture or violence in the country they are fleeing; and if he will make a statement on the matter. [19575/07]
View answer238 Deputy John Perry asked the Minister for Justice, Equality and Law Reform if gender based torture or violence is an accepted reason for granting asylum here; the number of asylum seekers who cite this as a reason; and if he will make a statement on the matter. [19576/07]
View answer240 Deputy John Perry asked the Minister for Justice, Equality and Law Reform if refuge is granted to women who are fleeing persecution based on the political activities of their husbands or a close male relative; and if he will make a statement on the matter. [19578/07]
View answerI 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.
