It is an important feature of the asylum determination process for an asylum seeker to show that he or she has grounds for being recognised as a refugee and that the asylum seeker is who he or she claims to be. It is necessary, therefore, for all asylum seekers to produce, as far as it is possible in their circumstances, some sort of evidence as to their identity. Accordingly, it is common practice to advise all asylum seekers to try to secure and provide documentary evidence of their nationality and documentary evidence to support their application for asylum.
Officials of my Department attend meetings of Council of Europe committees where asylum and migration issues are discussed. The Department has access to all Council of Europe documentation in these areas and other areas, e,g, human rights, as appropriate. Information from many different areas, governmental and non-governmental, and in particular from the United Nations High Commissioner for Refugees, is used to assist in assessing the validity of cases put forward by applicants for refugee status. International experience is that some people intentionally misuse asylum procedures for illegal immigration purposes.
Attempts by people with no valid claim to international protection take advantage of asylum procedures and create serious problems by clogging those procedures. Such abusive claims have greatly contributed to the confusion between refugees and illegal migrants and, in turn, reflects negatively on the asylum institution and, hence, on bona fide refugees.
An applicant for refugee status must establish a well-founded fear of persecution and where it is established that such a fear exists in the context of the refugee definition in the UN Convention of 1951 and the 1967 Protocol, the applicant will be granted refugee status. Each application is individually examined and it is only after such examination is completed that a decision on its well-foundedness can be taken.
All applications are examined in accordance with the terms of the Dublin Convention to determine if Ireland is the appropriate state to consider the applications. Following this examination, the applications are considered in accordance with the definition of a refugee as set out in section 2 of the Refugee Act, 1996. This section defines a refugee as someone who, owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it.
While recognising that there is a problem with abuse of asylum procedures as a means of facilitating illegal immigration, it is nevertheless critically important that cases are not prejudged, that each application is fully and fairly considered and that each applicant has access to an independent appeals system. These are the principles by which I am operating and will continue to operate.