Dáil Éireann díospóireacht -
Tuesday, 22 May 2001

Vol. 536 No. 5

Written Answers. - Refugee Status.

Bernard J. Durkan

Ceist:

321 Mr. Durkan asked the Minister for Justice, Equality and Law Reform the current status of a person and his wife (details supplied) who are anxious to obtain a work permit; and if he will make a statement on the matter. [14779/01]

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

The Refugee Act, 1996, as amended by the Immigration Act, 1999 and the Illegal Immigrants Trafficking Act, 2000, was commenced in full on 20 November 2000. Under the Act, two independent statutory offices were established to consider applications or appeals for refugee status and to make recommendations to the Minister on whether such status should be granted.

These two offices are the Office of the Refugee Applications Commissioner, which considers applications for a declaration as a refugee at first instance and the Refugee Appeals Tribunal which considers applications for a declaration at appeal stage. A decision on the application in question will be made upon receipt of the recommendation of the Refugee Applications Commissioner or the Refugee Appeals Tribunal as appropriate.

Work permits are a matter for the Department of Enterprise, Trade and Employment. Asylum seekers do not have the right to work pending a final decision on their applications. However, as an exceptional measure, the Government agreed on 26 July 1999 that those asylum seekers who were in this country for more than twelve months and who were awaiting a final decision on their application for refugee status should be given the right to work. The arrangement applied to those who sought asylum here up to 26 July 1999, as soon as they crossed the twelve month threshold. The arrangement does not apply to persons who applied for asylum after 26 July 1999.