Michael McDowell (Dublin South East, Progressive Democrats)

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 legislation scheme, the Minister is obliged except in exceptional circumstances to accept a recommendation that a person should be given refugee status.

Regarding the processing of claims from unaccompanied minors for asylum, strong safeguards are in place, including assistance from a representative of the Health Service Executive in each case and comprehensive access to the Refugee Legal Service. Comprehensive training is provided to specialist case workers who deal with unaccompanied minors in ORAC and members of the RAT. This training, in conjunction with the training in the asylum process, has been provided in co-operation and consultation with the UNHCR.

In the course of contributions, reference has been made to the presence of minors among the group in question. While some people refer to them as children, they seem to be between the ages of 16 years and 18 years.

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