Arthur Morgan (Louth, Sinn Fein)
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Question 39: To ask the Minister for Justice, Equality and Law Reform if he will make a statement on the anomalies surrounding the status of Somalis currently seeking asylum here. [9769/06]

Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Question 44: To ask the Minister for Justice, Equality and Law Reform when a decision will be made on the way in which to deal with the unique circumstances of Somalis currently seeking asylum here. [9770/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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I propose to take Questions Nos. 39 and 44 together.

I am not clear what the Deputies mean when they refer to anomalies or unique circumstances pertaining to or surrounding applications for asylum from nationals of Somalia. There is a statutory framework governing the asylum determination process in Ireland set out in the Refugee Act 1996 and it is not for me as Minister to determine who is or is not a refugee. The 1996 Act established two independent statutory offices 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 refugee applications commissioner and the Refugee Appeals Tribunal.

The processing of applications within the framework of the 1996 Act, in particular has due regard to the definition of a "refugee" in section 2 of that Act, which states that 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".

Every asylum applicant is guaranteed an investigation and determination of his or her claim at first instance by the refugee applications commissioner. Each application is assessed on the basis of the circumstances of the individual case and having regard to the subjective elements, the applicant's own account or personal history, and objective elements, up-to-date information on the applicant's country or place of origin. This country of origin information comes from a wide variety of sources, including organisations such as the UNHCR, Amnesty International, Human Rights Watch, UK Home Office, Canadian International Refugee Board, US State Department and other EU member states as well as media and Internet sources.

The Office of the Refugee Applications Commissioner and the Refugee Appeals Tribunal also consider the well-foundedness of each individual applicant's claim, that is, whether there are sufficient facts to permit the finding that, if returned to his or her country of origin, the applicant would face a serious risk of persecution. Credibility is also central to assessing an application, and it falls to the Office of the Refugee Applications Commissioner and the Refugee Appeals Tribunal to decide whether the applicant's account is credible and whether he or she has a well-founded fear of persecution. Issues of relevance in assessing credibility include: contradictions-inconsistencies, plausibility of the applicant, and level of detail in the claim. A negative finding as to overall credibility will generally lead to a conclusion that the applicant does not qualify for protection.

There must also be a link between the persecution as alleged and one or more of the grounds set out in both the 1996 Act and the 1951 Geneva Convention relating to the status of refugees, namely, being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion. Our system also guarantees every asylum applicant 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.

The UNHCR is given full access to our refugee determination process and can examine any case at any time to ensure fair procedures and compliance with our Geneva Convention obligations. I would also refer the Deputies to my comprehensive reply to a series of parliamentary questions on asylum applications from nationals of Somalia, Questions Nos 187 to 189, inclusive, on 8 March 2006.