Dáil Éireann Debate, Thursday - 3 March 2005
158 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform his plans for asylum seekers who have no Irish children but have been in the asylum system for over three years; and his plans for asylum seekers who have children who have been in the education system here for periods of over three years. [7333/05]
Amharc ar fhreagraI am informed by the relevant determining authorities — the Office of the Refugee Applications Commissioner, ORAC, and the Refugee Appeals Tribunal, RAT, that there are in the region of 100 cases in the asylum system for over three years.
In the case of the Office of the Refugee Applications Commissioner a recommendation of some type has previously issued but for a variety of reasons further processing is now required. In general this arises where the case is returned to ORAC in order to be readmitted to the first stage process either as a consequence of the RAT overturning an ORAC decision on a "manifestly unfounded" or Dublin Convention-regulation case, or where agreement is reached to readmit an applicant in order to resolve a judicial review of the original decision on the case.
In regard to appeals outstanding in the RAT for more than three years from the date of appeal, the majority of cases have been delayed due to judicial review proceedings in either ORAC or RAT. It is my intention to have all asylum applications that have been in the system for over three years processed as expeditiously as possible.
159 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform the number of female asylum seekers who have been granted Convention refugee status on the basis that their deportation would place them in danger of genital mutilation; and the number of women who have been given humanitarian leave to remain on the basis that their deportation would place them in danger of genital mutilation. [7334/05]
Amharc ar fhreagraPersons seek and are granted refugee status in the State based on a wide variety of reasons, some of them multiple, in accordance with provisions of the Refugee Act 1996 and the 1951 UN Refugee Convention. A detailed breakdown of these reasons is not maintained by the Office of the Refugee Applications Commissioner or by the Office of the Refugee Appeals Tribunal. Consequently, statistics are not available as to the number of females, if any, granted refugee status based on the alleged risk of female genital mutilation.
Similarly, the Minister must consider 11 factors under section 3 (6) of the Immigration Act 1999, as amended, together with section 5 of the Refugee Act 1996, prohibition of refoulement, when considering whether or not to deport somebody. Statistics are not maintained in a way that distinguishes whether a specific factor, either on its own or as one of a number of factors, resulted in a person being granted leave to remain in the State.
I should say that the issue of refoulement as set out in section 5 of the Refugee Act 1996, is given full consideration in every case when deciding whether to make a deportation order or grant temporary leave to remain in the State. My Department uses extensive country of origin information drawn from different independent sources, including UNHCR, in evaluating the safety of making returns to third countries. 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.
