Dáil Éireann Debate, Thursday - 14 December 2023
394. Deputy Carol Nolan asked the Minister for Justice the number of applications for asylum that have included grounds relating to female genital mutilation that have been made from 2012 to date; and if she will make a statement on the matter. [55955/23]
View answerThe International Protection Office (IPO) of my Department is responsible for examining all international protection applications received and, under the International Protection Act 2015, each application is assessed individually on its merits.
An applicant’s gender must be taken into account when assessing persecution. Section 7(2)(f) of the International Protection Act 2015 provides that “acts of a gender-specific or child specific nature” are examples of acts which may amount to persecution. The IPO considers that FGM is persecutory in nature. FGM violates a series of well-established human rights principles, including the principles of equality and non-discrimination on the basis of sex, the right to life when the procedure results in death, and the right to freedom from torture or cruel, inhuman or degrading treatment or punishment, as well as the rights of the child.
In determining claims for international protection involving FGM, the IPO is guided by the United Nations High Commissioner for Refugees (UNHCR) Guidance Note on Refugee Claims relating to Female Genital Mutilation.
Dublin Rape Crisis Centre (DRCC) provided training on gender-based violence to IPO panel members and caseworkers during 2023. Training will be run on an annual basis into the future and as needs arise.
When an applicant applies for international protection, they are provided with comprehensive information in relation to the international protection process in a language which they may reasonably be expected to understand. The information leaflets are available in a wide selection of languages and interpreters are available to assist the applicants in completing the initial application. Applicants are also provided with information regarding the availability of legal advice and information on how to contact the UNHCR and other support organisations.
All adult applicants are interviewed separately and are entitled to have a legal advisor accompany them at interview. This allows female applicants to have the opportunity to present their own case and therefore have the opportunity to maintain the confidentiality of that case.
Female applicants are generally interviewed by female caseworkers, subject to the availability of a female caseworker. Where a gender-related issue has been highlighted in the information provided by a female applicant in their questionnaire, a female interviewer will be assigned to the case where possible and the IPO will endeavour to ensure that the interview is serviced by a female interpreter.
In the event that gender-specific issues arise in the course of the interview, the caseworker will generally offer an opportunity to the applicant to adjourn the interview and to reschedule with a female interviewer. The same occurs with interpreters.
The IPO did not keep any statistics on this matter prior to 2017. The IPO’s recording system only captures the primary reason for which a determination was made. Since 2017, 305 cases have been considered in the IPO where FGM was recorded as the primary reason for the protection claim. It is very likely that FGM was considered as a secondary reason in a number of cases, and while it would have contributed to the decision made, that was not recorded. Actual figures for cases with an FGM element are therefore likely to be considerably higher than the 305 figure quoted above.
I am satisfied that all international protection applications, including those which cite grounds of a gender-specific nature, are examined fairly, sensitively and impartially by fully trained caseworkers and contracted panel members in accordance with all relevant guidelines and also in accordance with applicable laws and case-law.
