Joe Costello (Dublin Central, Labour)
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Question 511: To ask the Minister for Justice, Equality and Law Reform the number of persons who entered here as unaccompanied minors and whose applications for refugee status were frozen pending their attaining the age of majority in respect of each of the past ten years; the number of such persons who remain here under the care of the Health Service Executive and who, on reaching the age of majority, will return to the status of asylum seeker and have their applications for refugee status dealt with; the policy considerations he proposes to apply in dealing with these cases and if length of time here and secondary level education qualifications attained will be relevant; and if he will make a statement on the matter. [35657/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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As the Deputy will be aware, applications for refugee status in the State are determined by an independent process comprising the Office of the Refugee Applications Commissioner and the Refugee Appeals Tribunal which make recommendations to the Minister for Justice, Equality and Law Reform on whether such status should be granted. Special procedures are in place in both offices to deal with claims from unaccompanied minors.

The following table shows the number of unaccompanied minor applications received by ORAC for the years 2000 to 2005 to date.

The statutory framework for dealing with asylum claims from unaccompanied minors is contained in the Refugee Act 1996. Section 8(5)(a) of the 1996 Act provides that where it appears to an immigration officer or an authorised officer of the Refugee Applications Commissioner that a child under the age of 18 years, who has either arrived at the frontiers of the State or has entered the State, is not in the custody of any person, the officer shall, as soon as practicable, so inform the Health Service Executive and thereupon the provisions of the Child Care Act 1991 shall apply to the child.

Section 8(5)(b) provides that where it appears to the Health Service Executive, on the basis of information available to it, that an application for a declaration should be made by or on behalf of a child covered by section 8(5)(a), the service shall arrange for the appointment of an officer of the service or such other person as it may determine to make an application for asylum on behalf of the child.

I am advised by the Office of the Refugee Applications Commissioner and the Refugee Appeals Tribunal that it is not the practice to delay dealing with claims from unaccompanied minors pending their reaching 18 years of age. However, ongoing liaison would take place with the Health Service Executive on the scheduling of interviews.

In so far as policy considerations in the area of asylum are concerned, the statutory framework for dealing with asylum applications is set out in the Refugee Act 1996. All applications for refugee status are processed having regard to the definition of a refugee contained in section 2 of that Act. At the end of October 2005, some 56 asylum applications were outstanding from unaccompanied minors in ORAC and some 47 cases were on hand in the RAT. As the Deputy is aware, the Health Service Executive does not come under the aegis of the Department of Justice, Equality and Law Reform.