Enda Kenny (Mayo, Fine Gael)
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Question 360: To ask the Minister for Justice, Equality and Law Reform if he has re-examined the case of a person (details supplied) in County Mayo for refugee status in Ireland; if he has examined independent observations submitted in respect of the process followed in arriving at a decision; his views on the seven points outlined in the independent assessment of the process; if he will further confirm the reason photostat copies of stamped documentation from South African police are not acceptable and if original documentation is required in all such circumstances; and if he will make a statement on the matter. [7827/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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As the Deputy may be aware, under the Refugee Act 1996, two independent statutory offices were established to consider applications or appeals for refugee status and make recommendations to the Minister for Justice, Equality and Law Reform 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.

The two persons concerned arrived in the State on 20 February 2003 and applied for asylum. Both applications were refused following consideration by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal. Given the statutory independence of the asylum process, I do not propose to comment on the details of these individual applications.

On the process subsequent to the asylum determination, I can say that in accordance with section 3 of the Immigration Act 1999, as amended, the first named person was informed by letter dated 18 February 2005, and the second named person by letter dated 21 February 2005, that the Minister proposed to make deportation orders in respect of them. They were given the options, to be exercised within 15 working days, of making representations to the Minister setting out the reasons they should be allowed to remain temporarily in the State; leaving the State before an order is made; or consenting to the making of a deportation order.

The case files, including all representations submitted, will be considered under section 3(6) of the Immigration Act 1999, as amended, and section 5 of the Refugee Act 1996, pertaining to the prohibition of refoulement. I expect the files to be passed to me for decision in due course.