Dáil Éireann díospóireacht -
Wednesday, 30 Oct 1996

Vol. 470 No. 7

Written Answers. - Asylum Applications.

Kathleen Lynch

Ceist:

210 Kathleen Lynch asked the Minister for Justice the United Nations High Commissioner for Refugees criteria according to which asylum applications are currently evaluated; when the Refugee Act will be fully implemented; if she will undertake that all outstanding asylum applications will be dealt with under the terms of the Refugee Act; if she will suspend all deportations of asylum seekers until full implementation of the Act; and if she will make a statement on the matter. [20021/96]

Minister for Justice (Mrs. Owen)

Applications for refugee status in the State are currently dealt with in accordance with the terms of an arrangement entered into with the United Nations High Commissioner for Refugees — UNHCR — in December 1985. This arrangement provides that (a) applications for refugee status may be made to an immigration officer on arrival in the State or directly to my Department if the individual is already in the State; (b) immigration officers have been provided with written guidelines indicating, inter alia, that a person should not be returned to a country where his personal safety might be seriously threatened as a result of the political situation prevailing there; (c) asylum seekers will not be refused entry or removed from the State until given an opportunity to present a case fully; (d) every application will be examined in accordance with the UN Convention and Protocol; (e) every facility, including interpreters where possible, will be provided to help an applicant in making a case; (f) the need for confidentiality and privacy is given high priority; (g) an applicant is informed that he may contact UNHCR or a local representative; (h) each applicant is given a personal interview; (i) nothing will prevent humanitarian considerations being considered which might justify permission to remain in the State; (j) the UNHCR may be consulted on each application, and will consult when a negative decision is proposed — they are consulted on all applications.

This formal procedural arrangement with the UNHCR has been found by the courts to be legally binding. Since November 1993 an appeals mechanism has been in place.

The Refugee Act, 1996, will be implemented as soon as all the necessary implementing regulations are in place, the requisite staff for the new determination bodies are recruited and trained and appointments as Refugee Applications Commissioner and members of the Refugee Appeal Board are made. While work is ongoing on all these issues in my Department at present, I do not envisage that the new system will be in operation before April 1997.

The Refugee Act, 1996, puts into statutory form our obligations as parties to international instruments in the field of refugees. While the Act is not in force all persons involved in the determination process in my Department, including the Minister of State, Deputy Burton, and myself, operate within the spirit of the Act.

If the Deputy is suggesting that no more cases be processed under the existing arrangements, but that all applications await the implementation of the Act, I would have to say that this would be an unreasonable proposal. We are currently receiving on average about 100 applications for refugees status each month and a serious backlog in the processing of these applications has developed. If we were to hold over processing applications until the new bodies are in place they would find themselves in an impossible positionvis-à-vis processing current cases along with a significant backlog.

In so far as the deportation of asylum seekers is concerned, I would advise the Deputy that asylum seekers are not deported. However, if at the end of all procedures a person is not found to meet the criteria as laid down in the UN Convention relating to the status of refugees the logical consequences is to inform the applicant of this and ask them to leave. However, in practice, many applicants seek leave to remain and may be granted it depending on their particular circumstances. The UNHCR, the guardians of the convention, have advised that a vital element of any effective asylum procedure is a fair process followed by the return of unsuccessful applicants.

Instances have also arisen of persons seeking to make applications in this State where those applications should, in accordance with customary international practice, have been dealt with in another state. In instances such as this, applicants will not be admitted to the asylum process and will be returned to the state which should appropriately deal with their requests for refugees status. Such return will always be preceded by a clarification and confirmation that the other state is willing to accept back the person in question and to process his or her application.