Michael McDowell (Dublin South East, Progressive Democrats)

It is important that I preface my remarks by pointing out that it has been the policy of successive Ministers for Justice, Equality and Law Reform not to reveal the personal details of the cases of individual applicants for asylum whose applications are received and treated in confidence. Having said that, I do not wish to shirk the issues Members have raised.

Underlying this case are two fundamental principles. First, the cases of asylum seekers who apply for our protection must be fairly and independently examined. Second, a deportation process must be central to the proper running of any immigration and asylum system. The definition of "refugee" is well known and set out in section 2 of the 1996 Act. In the case of each asylum seeker, the task is to determine whether he or she is deemed to meet the terms of the definition on the basis of all of the information gleaned. I emphasise that all of the information is considered.

Under the Refugee Act 1996, two independent statutory offices were established to consider applications and appeals in respect of refugee status and to make recommendations to the Minister for Justice, Equality and Law Reform on whether such status should be granted. These offices are the Office of the Refugee Applications Commissioner and the Refugee Appeals Tribunal. Every asylum applicant is guaranteed an investigation and determination of his or her claim at first instance by the Refugee Applications Commissioner. Every asylum applicant is guaranteed a right of appeal to a statutorily independent and separate body, the Refugee Appeals Tribunal. Every asylum applicant is also guaranteed access to legal assistance provided by the Refugee Legal Service.

Under the provisions of section 17(1) of the Refugee Act 1996, the final decision in respect of an asylum application is a matter for the Minister for Justice, Equality and Law Reform based on the recommendation of the commissioner or the decision of the tribunal. However, under the legislative scheme of things I am obliged, save in exceptional circumstances, to accept a recommendation that a person should be given refugee status. Such a decision is made by the Minister as soon as possible following receipt of the relevant papers from the commissioner or the tribunal, as appropriate.

There has been a notable pattern of unaccompanied minors, that is, people under the age of 18, arriving in Ireland claiming refugee status. In the case of Nigerians, of which there were in the region of 105 unaccompanied minor asylum seekers for the past two years, since there are no direct passenger services between Ireland and Nigeria, these unaccompanied minors must have put in place elaborate travel arrangements involving transit through other safe countries in the European Union. Comprehensive safeguards are provided in the Refugee Act and in relevant procedures in ORAC and RAT for dealing with asylum claims for unaccompanied minors. These include the minor being placed in the care of a health board on arrival in the State pending a decision being made on the making of an asylum application; dealing with such applications as a matter of priority by the Refugee Applications Commissioner; that the processing of cases is in line with child specific procedures having regard in particular to UNHCR guidelines on best practice for dealing with unaccompanied minors; that unaccompanied minors are only interviewed in the presence of a health board representative; and to ensure that the special needs of minors and particularly unaccompanied minors are properly taken into account. A group of experienced ORAC interviewers has received additional specialised training to assist them in working on cases involving unaccompanied minors. This training includes the input of child care experts with a focus on issues such as psychological needs, child specific aspects of the refugee process, the role of the social worker and other issues particular to refugee determination for unaccompanied minors.

In this case, Deputy Cuffe stated that the person in question came here at the age of 15, but that is factually incorrect. In February 2002 the person referred to by the Deputies arrived in Ireland seeking asylum. The date of birth given in the asylum application indicated that he was 17 years of age. On the basis of that date he was by no stretch of the imagination what newspapers have described as a schoolboy but was 20 years of age when he was deported. Moreover, he verbally indicated to the escorting Garda team that he was 21 years of age.

I am constrained by law from making public the exact details of the asylum claim and will not deal here with the credibility or strength of the person's original claim. The important point to note is that his claim was assessed by the two independent bodies that came to the same conclusion, that he was not entitled to refugee protection.

In October 2003 the person concerned was informed that he was found not be a refugee and was informed of the three options then open to him, first, to leave the State before his case was considered for deportation, to consent to the making of a deportation order in respect of him or to make written representations, within 15 working days, to me as Minister for Justice, Equality and Law Reform setting out reasons he should not be deported, that is, why he should be allowed to remain temporarily in the State.

Representations were made by this person, which included the fact that he was a student. The case was examined under section 3 of the Immigration Act 1999 and section 5 of the Refugee Act 1996, prohibition of refoulement, including consideration of all representations received on his behalf and a deportation order was signed for him on 21 January 2005.

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