Dáil Éireann Debate, Thursday - 4 February 2021
183. Deputy Cian O'Callaghan asked the Minister for Justice the number of persons she disputed in official proceedings undertaken by her Department in 2020; the criteria used to determine if a person is LGBTQ+; if this is in compliance with international best practice and human rights law; and if she will make a statement on the matter. [6154/21]
View answerI understand that the Deputy's question relates to the international protection process and the determination of applications made by LGBTQ+ people. I can advise the Deputy that in this regard there is a statutory framework governing the international protection process in Ireland, which includes refugee status determination (under the UN Geneva Convention) and subsidiary protection (under EU law). This process is set out in the International Protection Act 2015.
Under the 2015 Act, each application is assessed individually and takes into account both 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 - this includes, where applicable, the laws relating to, and societal treatment, of individuals who identify as LGBTQ+).
In relation to refugee status, there also must be a link between the persecution as alleged and one or more of the grounds set out in both the 2015 Act and the 1951 Geneva Convention relating to the status of refugees, namely, being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion.
My Department is legally obliged to protect the identity of persons seeking international protection. Because each application is examined on its own merits, the International Protection Office (IPO), and formerly the Office of the Refugee Applications Commissioner (ORAC) before 2017, has never kept statistics on the grounds on which applications are made. While an applicant may provide a particular ground at the time of application, following a full examination of the applicant’s claim, it may be the case that the applicant does not articulate a well-founded fear of persecution for the ground stated at the time of application, but could be granted under another ground. An applicant could also articulate more than one ground, or none, at application.
Every application for international protection is fully investigated to ensure that a fair recommendation can be made.
Ireland follows the guidance of the UNHCR in relation to claims for international protection including claims based on sexual orientation and/or gender identity and was one of the first countries to specifically bring sexual orientation within the ambit of a ‘particular social group’ under the legislation that was in force prior to the 2015 Act. Training for IPO caseworkers and interviewers is very comprehensive and is conducted in conjunction with the UNHCR. The training includes a module in relation to interview techniques and how interviews are conducted.
The IPO has incorporated the Difference, Stigma, Shame, Harm (DSSH) model into training for caseworkers. The model is designed to help the applicant provide a detailed narrative and to be a sensitive and appropriate way of assessing credibility in sexual orientation/gender identity (SOGI) claims. The DSSH model is endorsed by the UNHCR and has been adopted by Finland, Sweden, the UK and Ireland amongst other countries. In addition, further written guidance on assessing SOGI claims has been provided to all staff and panel members.
