Written Answers. - Asylum Applications.
Tom Enright
Ceist:
62
Mr. Enright
asked the
Minister for Justice, Equality and Law Reform
if he is required to grant political asylum to a person (details supplied) as a result of the decision of the Refugee Applications Commissioner; if this person's nationality has been established; if so, if the Refugee Applications Commissioner has been notified of the person's nationality; if he will take any action arising from the person's recent conviction; and if he will make a statement on the matter.
[14594/01]
Alan Shatter
Ceist:
198
Mr. Shatter
asked the
Minister for Justice, Equality and Law Reform
if he is required to grant political asylum to a person (details supplied) as a result of the decision of the Refugee Applications Commissioner; if this person's nationality has been established; if so, if the Refugee Applications Commissioner has been notified of the person's nationality; if he will take action arising from the person's recent conviction; and if he will make a statement on the matter.
[15142/01]
I propose to take Questions Nos. 62 and 198 together.
The person in question has been the subject of a recommendation from the Refugee Applications Commissioner that he be granted refugee status. I am now required in accordance with the provisions of section 17 of the Refugee Act, 1996, as amended, to give to the applicant a statement in writing declaring that he is a refugee. However, I am also entitled by virtue of subsection (2) of that section, where I consider that it is in the interests of national security or public policy to do so, to make an order providing that the entitlements normally associated with refugee status do not apply in any particular case. In making any such decision I would, of course, be subject to the prohibition on refoulement which prohibits me from returning a person to the frontier of territories where his life or freedom would be threatened. These matters are under consideration at present in consultation with the Office of the Attorney General.
In addition, the provisions of section 21 of the Refugee Act, 1996 empower me to revoke a declaration of refugee status, subject to certain conditions, where the information supplied to the Commissioner was false or misleading in a material particular.
Since the recommendation of the Refugee Applications Commissioner was made on 15 February 2001, certain information has come to light which raises questions in relation to the nationality ascribed to the person in question. A Garda investigation into this matter is ongoing and I will await the outcome of that investigation before deciding on any further action.
Austin Deasy
Ceist:
63
Mr. Deasy
asked the
Minister for Justice, Equality and Law Reform
the number of unsuccessful asylum seekers who have been returned to their native countries in 2000 and to date in 2001; and if he will make a statement on the matter.
[15123/01]
I take it that the Deputy is referring to the deportation of persons who have had their application for asylum refused and persons whose application for asylum is transferred to another country under the Dublin Convention. The number of unsuccessful asylum seekers who have been returned to their native countries in the year 2000 totalled 147 with a further five transferred under the Dublin Convention. To date in 2001 the figure stands at 101 with a further three transferred under the Dublin Convention. Furthermore, 35 illegal immigrants who did not come through the asylum process were returned to their native countries in the year 2000 with 19 returned to date in 2001.
I should add that a total of 248 persons withdrew from the asylum process and returned voluntarily to their country of origin in 2000 and 67 have done so to date in 2001.
In deciding whether to make a deportation order, each case is considered on its particular merits in accordance with the criteria specified in section 3 of the Immigration Act, 1999. Those criteria include, for example, humanitarian considerations and representations made on or on behalf of the person. The issue of refoulement as set out in section 5 of the Refugee Act, 1996, is also given full consideration in each case. This means that a person shall not be expelled from the State or returned in any manner whatsoever to a State where, in my opinion, the life or freedom of that person would be threatened on account of his or her race, religion, nationality, membership of a particular social group or political opinion. Accordingly, the conditions prevail ing in countries generating asylum seekers are monitored on an ongoing basis.
The Deputy will be aware that I have brought forward a series of measures to strengthen and make more effective the deportation process. This includes recent Government approval for a significant expansion of the Garda National Immigration Bureau which will increase the overall strength of the bureau to 69 officers. The Garda National Immigration Bureau, which I established in May 2000, also has indirect responsibility for more than 200 members who are allocated to immigration duties at point of entry throughout the State.
Under the Illegal Immigrants (Trafficking) Act, 2000, a number of investigations are ongoing. Last week the bureau was responsible for the first successful prosecution for trafficking in illegal immigrants under this Act. In addition, increased resources were allocated to accelerate the asylum process. These measures will increase significantly the numbers of deportation orders made and effected without compromising in any way the detailed consideration necessary under statute in each particular case. The effective repatriation of those whose asylum applications have been unsuccessful and in respect of whom deportation orders have been made is essential if we are to maintain the integrity of the asylum process.
