Michael D Higgins (Galway West, Labour)
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Question 62: To ask the Minister for Justice, Equality and Law Reform the number of asylum seekers who have committed criminal offences here and have been granted refugee status; the category of offence; the country of origin; and if he will make a statement on the matter. [9682/06]

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 and in particular having 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". However, this definition does not include a person in respect of whom there are serious grounds for considering has committed a crime against peace, a war crime, or a crime against humanity, as defined in the international instruments drawn up to make provision in respect of such crimes; has committed a serious non-political crime outside the State prior to his or her arrival in the State; or has been guilty of acts contrary to the purposes and principles of the United Nations.

A person seeking the status of refugee in the State may apply to the Minister for Justice, Equality and Law Reform under section 8 of the 1996 Act for a declaration to the effect that such a person is a refugee in accordance with the definition as outlined. In respect of each individual asylum seeker, the task is to determine whether, following investigation, he or she is deemed to come within the terms of the refugee definition on the basis of all the information provided and on the basis of comprehensive country of origin information drawn from independent sources, such as the UNHCR. As provided for in the Refugee Act 1996, as amended, this investigation is carried out by two statutorily independent offices: at first instance, by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal. It is on the basis of the recommendations of these independent bodies that the Minister decides that he should or should not declare an applicant to be a refugee.

The issuing of such a declaration by the Minister is governed by section 17 of the 1996 Act which, inter alia, provides that restrictions which would not normally apply to recognised refugees may apply in cases where the Minister considers that it is necessary to do so in the interests of national security and public policy. To date, these restrictions have not been applied to any recognised refugee. For reasons of confidentiality, it is not possible to provide the Deputy with details of persons who arrived here as asylum seekers and have been granted refugee status, having committed criminal offences in the State.

The Deputy might also wish to be aware that section 21 of the Refugee Act 1996, as amended, sets out the circumstances under which refugee status can be revoked. Section 21(1)(g) of that Act provides that the Minister may revoke a declaration of refugee status where he is satisfied that a person to whom a declaration of refugee status has been given is a person whose presence in the State poses a threat to national security or public policy —ordre public. Clearly where evidence of a court conviction for criminal activity on the part of a recognised refugee comes to hand, a judgment has to be made as to whether the nature and gravity of the criminal offence is such as would warrant the revocation of that person's status as a refugee.

The revocation procedure as set out in section 21 of the Act is an elaborate one, involving notification to the United Nations High Commissioner for Refugees and a right of appeal to the High Court. To date, five persons have had their refugee status revoked with two of these revocation decisions being the subject of ongoing legal challenges.