Dáil Éireann Debate, Tuesday - 23 May 2017
64. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality the criteria used by her officials to determine whether a person is lesbian, gay, bisexual, transgender or questioning when the person is applying for asylum in circumstances in which that is a factor in the person's application. [23555/17]
View answerAs I previously set out in my response to the Deputy's written Question No. 108 on 9 May 2017, Section 8 of the International Protection Act 2015, as commenced on 31 December, 2016, sets out the applicable reasons for persecution when considering an application for international protection on the grounds referred to by the Deputy. Applications are processed by the International Protection Office (IPO). The Chief International Protection Officer and the International Protection Officers of the Office are independent by law in the exercise of their international protection functions. They are also bound by confidentiality provisions in respect of applicants as set out in the 2015 Act.
All applicants for international protection are carefully interviewed and their cases are individually assessed by experienced caseworkers. The circumstances of each individual case is assessed 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). Supporting documentation submitted by applicants is also taken into account. Country of Origin information is obtained from a variety of legitimate sources such as the United Nations High Commissioner for Refugees (UNHCR), Amnesty International and other NGOs, the European Asylum Support Office (EASO), the US State Department and the Canadian Immigration and Refugee Board.
Applicants for international protection can appeal the recommendation of the IPO to the International Protection Appeals Tribunal (IPAT) and may also seek remedies through the Courts. The procedures for appeal are set out in Part 6 and Part 10 of the International Protection Act 2015 as well as in the International Protection Act 2015 (Procedures and Periods for Appeals) Regulations 2017.
