Ceist:
360 Dr. Upton asked the Minister for Justice, Equality and Law Reform whether asylum seekers have a right to access to interpretation from a qualified interpreter during consideration of their applications. [20577/98]
Written Answers. - Asylum Applications.
Ceist:
361 Dr. Upton asked the Minister for Justice, Equality and Law Reform if his Department will use independent interpreters during consideration of applications for asylum. [20578/98]
I propose to take Questions Nos. 360 and 361 together.
At the time of making an application for refugee status the asylum seeker is asked to indicate if he or she would like to have an interpreter for their substantive interview. My Department avails of the services of independent and qualified interpreters and translators in all asylum interviews, appeal hearings and in all document translations.
Ceist:
362 Dr. Upton asked the Minister for Justice, Equality and Law Reform the information, if any, he has in relation to the white lists used by the United Kingdom and other similar information used in other European countries. [20579/98]
I am aware that some states have designated certain countries as "safe countries". However it is important to note that it does not mean that the applicant from "a safe country of origin" is refused access to asylum procedures. It does mean that an applicant from "a safe country" may be admitted to the process but subject to accelerated procedure akin to our manifestly unfounded procedure. Ireland does not operate on a "safe country" basis.
My Department accepts applications for refugee status from persons of many different countries of origin. All these 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 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 himself 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. An applicant must establish a well-founded fear of persecution and where it is established that such a fear does not exist the application will be rejected and the applicant refused refugee status in the State.
Ceist:
363 Dr. Upton asked the Minister for Justice, Equality and Law Reform if the asylum appeals authority is independent of his Department; the number of personnel in this authority; and the qualifications and expertise of the staff of this Department in refugee and human rights law. [20580/98]
The Appeals Authority which considers appeals made by asylum seekers whose applications for recognition as refugees have been refused as being manifestly unfounded or following substantive consideration of their applications acts independently of my Department.
Persons appointed to act as an Appeals Authority must have at least ten years practice as a solicitor or barrister (substantive appeal) and seven years practice as a solicitor or barrister for appeals for manifestly unfounded cases. Two appointments have been made to date and further appointments will be made as the case load warrants it. Training courses on refugee law and practices have been provided by the UNHCR.
The appeals procedure which has been developed in consultation with the UNHCR requires the Appeals Authority to act in accordance with the terms of the convention and protocol for the treatment of applicants for refugee status, viz, the 1951 Geneva Convention relating to the status of refugees as amended by the 1967 New York Protocol, enacted provisions of the Refugee Act and the letter to the UNHCR of 10 December 1997 as amended by the letter of 13 March 1998. In addition the Appeals Authority shall be guided in his/her work by the UNHCR Handbook on Procedures for and Criteria for Determining Refugee Status, reports on countries of origin and other relevant material.