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Dáil Éireann díospóireacht -
Tuesday, 23 Feb 1993

Vol. 426 No. 5

Private Notice Questions. - Status of Yugoslav Nationals.

asked the Minister for Justice whether it is intended to grant refugee status and asylum to the six Yugoslav nationals who landed in Shannon aboard an Aeroflot plane and were being held in detention last night in Shannon Garda station; whether he has been in contact with the UN High Commissioner for Refugees with regard to their position and to request that no action be taken to deport those detained.

The position as I understand it is as follows. The individuals concerned made a transit stop in Shannon en route to the United States and were apparently refused pre-entry clearance by the United States immigration authorities in Shannon. The normal situation in cases of this type is for the carrier to transport the individuals involved back to their place of embarkation.

While arrangements were being made for their return they were apparently advised of their right to apply for political asylum in the State. In order to clarify the matter however an officer of the Department of Justice travelled to Shannon airport this morining to interview the individuals concerned and to clarify whether they are seeking refugee status.

Is the Minister in a position to indicate whether they are being given refugee status? Can the Minister indicate to the House from what part of Yugoslavia they come? Can the Minister indicate whether an interpreter has been provided to the Department of Justice officials so that a detailed conversation can take place and whether the people concerned have been given access to legal advice?

My information is that the individuals concerned are nationals of Montenegro, apparently of ethnic Albanian origin. They have been given access to legal advice. They will be interviewed by an officer of the Department of Justice in the presence of a solicitor. They are not being detained in the normally accepted sense of the word at present; they are just being interviewed by an officer of the Department of Justice.

Can the Minister of State give this House a solemn assurance that, if inquiries are put in train with the United Nations to get assistance in relation to their status, they will not, like the vast majority of other aliens in that condition, be put into gaol while their position is finalised?

People are not imprisoned unless they are in clear breach of statutory legal provisions.

(Interruptions.)

The position in this case is that if the people in question do not wish to apply for refugee status, they obviously do not want to stay in Ireland, in which case arrangements will be made to enable them, to go back to their place of embarkation.

That is certainly true.

If they apply for refugee status, I am very happy to give Deputy McDowell my assurance, and the assurance of the Minister, that there will be no question of imprisonment in this case.

Will the Minister tell the House exactly when they landed in Shannon? Would he agree that as they have been in Shannon for some time it is clear that the procedures there are entirely unsatisfactory? As of this afternoon the Minister is unaware what these people wish to do. Would the Minister give the House an assurance that if these people are not being held in gaol, they are free to arrange alternative accommodation for themselves in Shannon or any other part of the State until their exact situation is resolved, or is it a question of their being kept in Shannon in the Garda station without any other option being made available to them?

In reply to the first part of the Deputy's question, they landed at 4.45 p.m. on Sunday last.

Today is Tuesday, two days later.

It was unclear until today whether they wished to apply for refugee status. A fax message was received at the Department of Justice last night after the normal office closing hours, which indicated that they wanted to apply for refugee status. Immediately this morning an officer of the Department of Justice was dispatched to Shannon.

Where have they been since?

They will not be kept in Shannon Garda Station. Arrangements will be made to put them up in a hostel while their application for refugee status is being decided, if they wish to apply.

They have been held in prison for two days. Four children and two adults have been held in a Garda station for two days.

That disposes of questions for today.

(Interruptions.)
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