Dáil Éireann díospóireacht -
Tuesday, 15 Dec 1998

Vol. 498 No. 4

Written Answers. - Asylum Applications.

Minister for Justice, Equality and Law Reform (Mr. O'Donoghue)

Ireland fully lives up to its international obligations in the asylum area. People entitled under international law to protection are given protection.

An applicant for refugee status must establish a well-founded fear of persecution and where it is established that such a fear exists, 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. Where it is established that a well-founded fear of persecution does not exist, the applicant will be refused refugee status in the State and s/he must return to his or her country of origin. The UNHCR recognise this and are on record as stating that such returns are necessary to protect the integrity of the asylum process.

The fact that officials of the government process an application at the initial stage does not prejudice the applicant's case. Each application for refugee status is fully and fairly considered and each applicant has access to an independent appeals system and legal representation. These are the principles by which I am operating and will continue to operate.

As I have recently announced, agreement has been reached with the Legal Aid Board on arrangements for the provision of a comprehensive legal service for asylum seekers. The Refugee Legal Service will be independent of the Department and will provide legal advice and representation for asylum seekers. It will assist asylum seekers in exercising their legal rights in all aspects of the Irish asylum procedure.

Where an appeal is made within the specified time against a decision to refuse refugee status, the applicant is supplied with all the material on which the decision was based. The appeal is then determined by an independent Appeals Authority, a person independent of myself and the Department with at least ten years practice as a solicitor or barrister appointed by me for this purpose. The Appeals Authority is provided with all of the information provided to the applicant and with such submissions as may be made by or on behalf of the applicant in connection with the appeal. The Appeals Authority may make a decision based on the papers only or, where the applicant has so requested, following an oral hearing.

I am satisfied that the procedures are reasonable, fair, transparent and in accordance with the philosophy of the Refugee Act. They are also in accordance with our international obligations and humanitarian traditions in this area.

In May 1997, the UNHCR representative at the time wrote to my officials and stated,inter alia,“we recognise that it is imperative that mediumterm procedural arrangements to deal with the backlog in an expeditious manner be set up”. The refugee determination procedures were put in place following extensive consultations with the UNHCR and the UNHCR has stated “overall, we believe that the revised document provides for a balanced administrative procedure pending the entry into force of the Refugee Act”.

Comprehensive training is provided on an ongoing basis in conjunction with the UNHCR for all members of staff of the Asylum Division. A representative of UNHCR has been placed here at the Department's request and at the Department's expense to assist in establishing procedures, in providing training and in quality proofing the assessment procedures. The UNHCR representative is notified of the making of each application. The UNHCR representative may attend any interview or hearing in connection with the above proceedings and may have access to the papers relating to any particular case at any stage during the processing of an application. Where the UNHCR representative considers it appropriate, he may make unsolicited representations relating to any case or group of cases; such representations will be taken into account in arriving at a decision.

Recently, I had a very cordial meeting with two senior officials from UNHCR Headquarters. At that meeting, the UNHCR officials in question were unstinting in their praise of the efforts of the Irish authorities to manage the processing of asylum applications here in a fair manner.

The Department undertakes to operate the procedures in a spirit of co-operation with the UNHCR with a view to ensuring that no person deserving of protection in the State is refused it.