Dáil Éireann Debate, Tuesday - 22 October 2013
410. Deputy Finian McGrath asked the Minister for Justice and Equality if he will provide an update on asylum issue protocols at the point of entry regarding lack of an ombudsman and lack of translation service. [44633/13]
View answerThe detailed provisions relating to the making of an asylum application at the frontiers of the State are set out in Sections 8 and 9 of the Refugee Act, 1996 (as amended). Briefly, those provisions require persons seeking to make an application to be interviewed by an immigration officer and informed, where possible in a language that the person understands, that they may apply to the Minister for a declaration of refugee status. An interview by an immigration officer must, where necessary and possible, be conducted with the assistance of an interpreter and the immigration officer is required to keep a record of the interview and to provide a copy to the person concerned and to the Refugee Applications Commissioner.
A person who makes an application for asylum must be granted permission to enter the State and is entitled to remain in the State until their application for a declaration is transferred to another Member State under the Dublin Regulation, withdrawn or deemed to be withdrawn, granted or refused by the Minister. As the Deputy may be aware, applications for refugee status are investigated at first instance by the Office of the Refugee Applications Commissioner (ORAC) and on appeal by the Refugee Appeals Tribunal (RAT). Both the ORAC and the RAT are statutorily independent in the performance of their functions under the Refugee Act 1996 (as amended). In addition, it is open to applicants to seek leave to take a judicial review in relation to decisions of the ORAC and RAT. The Offices in question are excluded from the provisions of the Ombudsman Act, 2012.
