Bernard Durkan (Kildare North, Fine Gael)
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Question 683: To ask the Minister for Justice, Equality and Law Reform if he has satisfied himself that the procedures followed in the determination of the application for refugee status in the case of a person (details supplied) in County Waterford are fully in accordance with due process, with particular reference to the veracity of generally known facts in respect of the country of origin, the several references to the applicants claims implying disbelief; his views on whether the work of the decision of the Refugee Appeals Tribunal is self serving; if he has fully or separately satisfied himself that the person is in no danger if returned to their homeland; if he will defer further action on refoulement until verification can be obtained; and if he will make a statement on the matter. [10850/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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The person concerned arrived in the State on 28 January 2004 and applied for asylum. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal. Subsequently, in accordance with section 3 of the Immigration Act 1999, as amended, he was informed by letter, dated 13 February 2006, that the Minister proposed to make a deportation order in respect of him. He was given the options, to be exercised within 15 working days, of making representations to the Minister setting out the reasons he 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, in respect of him.

His case file, 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, prohibition of refoulement. I expect the file to be passed to me for decision in due course.

The Refugee Appeals Tribunal was established in November 2000 following the commencement in full of the Refugee Act 1996. Its purpose is to consider appeals from negative recommendations of the Refugee Applications Commissioner in respect of applications for refugee status. The tribunal is independent in the performance of its functions under section 15 of the Refugee Act, 1996, as amended, and plays a very important role in assisting the State to meet its obligations under the 1951 Geneva Convention relating to the status of refugees.