Ciarán Cuffe (Dún Laoghaire, Green Party)
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Question 504: To ask the Minister for Justice, Equality and Law Reform the measures he has taken, in view of the recent information provided by the Congolese Irish partnership on the widespread and systematic abuse of human rights in the Democratic Republic of Congo, to ensure that adequate humanitarian consideration is accorded to the application of any Congolese national for leave to remain; and if he will make a statement on the matter. [21094/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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All applications for asylum in the State are processed in accordance with the provisions of the Refugee Act 1996, as amended, and in particular having due regard to the definition of a refugee in section 2 of that Act which states:

A refugee is a person who, owing to a well founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his or her nationality and is unable or, owing to such fear, is unwilling to avail himself or herself of the protection of that country; or who, not having a nationality and being outside the country of his or her former habitual residence, is unable or, owing to such fear, is unwilling to return to it.

Two independent statutory offices were established to consider applications and appeals for refugee status. These two offices are the Office of the Refugee Applications Commissioner, which considers applications for refugee status at first instance and the Refugee Appeals Tribunal which considers appeals from negative recommendations of the commissioner.

Decisions on asylum applications are made by the Minister for Justice, Equality and Law Reform upon receipt of the recommendation or decision of the Refugee Applications Commissioner or the Refugee Appeals Tribunal.

In accordance with section 3 of the Immigration Act 1999, as amended, a person who has failed the asylum process and who has been refused refugee status in the State is informed in writing that it is proposed to make a deportation order in respect of him or her and he or she is given the following options: to make written representations within 15 working days to the Minister for Justice, Equality and Law Reform setting out reasons as to why he or she should not be deported; to voluntarily leave the State; or to consent to deportation.

Following consideration of each case under section 3(6) of the Immigration Act 1999, as amended, and section 5 of the Refugee Act 1996 (Prohibition of Refoulement), a decision is taken whether to deport or to grant temporary leave to remain in the State. Section 3(6) of the Immigration Act 1999, as amended, requires the Minister to consider 11 factors, including representations received by or on behalf of the person, family and domestic circumstances, employment prospects etc., in deciding whether to make a deportation order or to grant temporary leave to remain in the State. Section 5 of the Refugee Act 1996 (Prohibition of Refoulement) requires the Minister to satisfy himself as to the safety of returning a person, taking into account protection issues other than those as specified above, before making a deportation order.

The safety of returning a person, or refoulement as it is referred to, is fully considered in every case when deciding whether or not to make a deportation order. 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. 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.

I am satisfied that the procedures followed in all cases fully take into account the refoulement question and that all requests are considered in a comprehensive and fair manner.