Eamon Gilmore (Dún Laoghaire, Labour)
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Question 616: To ask the Minister for Justice, Equality and Law Reform the steps he intends to take to record and release figures regarding the number of girls and women denied asylum who have experienced gender-related persecution. [15121/06]

Eamon Gilmore (Dún Laoghaire, Labour)
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Question 717: To ask the Minister for Justice, Equality and Law Reform the steps he intends to take to make the asylum process more transparent and accountable and in particular to record and release figures regarding the number of girls and women denied asylum who have experienced gender-related persecution. [15125/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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I propose to take Questions Nos. 616 and 717 together.

As the Deputy is aware, there is a transparent statutory framework governing the asylum determination process in Ireland set out in the Refugee Act 1996. 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 Office of the Refugee Applications Commissioner and the Refugee Appeals Tribunal. The asylum process now in place in this State is comprehensive and compares well with other industrialised countries. Indeed this fact was recently acknowledged by a former UNHCR representative to Ireland who is quoted as stating that Ireland is now a model for the new member states of the European Union and that "we now have a system which, in many respects, is one of the best in Europe".

The processing of asylum applications within the framework of the Refugee Act 1996, 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 both 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, the UK Home Office, the Canadian International Refugee Board, the US State Department and other EU member states, as well as media and Internet sources.

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 Deputy should also be aware that 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.

In answer to the Deputy's question about figures relating to the number of girls and women who may cite gender-related persecution in respect of their asylum application, I am advised that the current management information systems in operation in the Office of the Refugee Applications Commissioner and the Refugee Appeals Tribunal do not provide for the compilation of statistics in respect of the different types of persecution. However, work is now ongoing on the development of a comprehensive management and statistical information system for both organisations as part of the development of a new computer system for the asylum and immigration process generally. When this system is in place in 2007, it should be possible to generate the type of information requested by the Deputy.

I would also point out that all staff working in the asylum area, including reception and interviewing personnel, have completed appropriate training courses and have received and continue to receive on an ongoing basis "on the job" experience and training in respect of interviews, assessment, decision making, asylum procedures and appeals. These training programmes have been agreed with the UNHCR and delivered by a combination of experienced personnel, including UNHCR training specialists, as well as asylum experts from other countries and other agencies with the specialist skills required. The training provided includes procedures to be followed when dealing with sensitive matters such as gender issues and victims of trauma and violence. I am confident, accordingly, that asylum applications from vulnerable people are dealt with appropriately and sensitively by properly trained and resourced staff.

Eamon Gilmore (Dún Laoghaire, Labour)
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Question 617: To ask the Minister for Justice, Equality and Law Reform the steps he intends to take to ensure that asylum seeking girls and women at risk of violence in their home country are not forcibly returned to their home country. [15122/06]

Eamon Gilmore (Dún Laoghaire, Labour)
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Question 718: To ask the Minister for Justice, Equality and Law Reform the changes he intends to make to the asylum process in order that girls and women at risk of violence in their home country are not forcibly returned to their home country. [15126/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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I propose to take Questions Nos. 617 and 718 together.

As the Deputy is aware, there is a statutory framework in place, as set out in the Refugee Act 1996, as amended, governing the asylum determination process in Ireland. This Act, inter alia, provided for the establishment of two statutory independent offices to consider asylum applications and appeals and to make recommendations to the Minister for Justice, Equality and Law Reform on whether refugee status should be granted or refused in each individual case. These offices are the Office of the Refugee Applications Commissioner and the Refugee Appeals Tribunal.

The processing of applications within the framework of the Act referred to has due regard for the definition of a "refugee" as set out 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 asylum application is assessed on the basis of the circumstances of the individual case, which includes consideration of the risk of gender-based persecution where this is advanced as part of an applicant's claims. Due regard is also given to the subjective elements, that is, the applicant's own account or personal history and the objective elements, that is, up to date information on the applicant's country or place of origin of the applicant's claims. This country of origin information comes from a wide variety of sources, including the UNHCR, Amnesty International, Human Rights Watch, UK Home Office reports, the Canadian International Refugee Board, US State Department reports, other EU member states, media and Internet sources and any other available reputable information sources.

The Office of the Refugee Applications Commissioner and the Refugee Appeals Tribunal also consider the well-foundedness of each individual applicant's claims, that is, whether there are sufficient facts to support a finding that, if returned to his or her country of origin, an applicant would face a serious risk of persecution. The credibility of an applicant's claims is also central to assessing any application and it falls to the Office of the Refugee Applications Commissioner and the Refugee Appeals Tribunal to determine whether an applicant's account is credible and whether he or she has a well-founded fear of persecution for one of the reasons set out in the 1951 Geneva Convention relating to the status of refugees, that is, on account of the person's race, religion, nationality, membership of a particular social group or political opinion.

Issues of relevance in assessing credibility would include contradictions or inconsistencies, the plausibility of the applicant's claims and the level of detail in the claims made. A negative finding as to overall credibility will generally lead to a conclusion that the applicant does not meet the criteria for recognition as a refugee.

This State's refugee status determination system also guarantees every asylum applicant a right of appeal to a statutorily independent and separate body, namely the Refugee Appeals Tribunal. Every asylum applicant is also guaranteed access to legal assistance provided by the Refugee Legal Service or through a private legal representative, if preferred.

The Deputy should also note that the UNHCR, the internationally recognised experts in the refugee determination area, is given full access to the State's refugee status determination processes and can examine any case at any time to ensure fair procedures and compliance with our Geneva Convention obligations.

Furthermore, in determining whether to make a deportation order or grant temporary leave to remain in the State to a failed asylum applicant, I must have regard for the eleven factors set out in section 3(6) of the Immigration Act 1999, as amended. I must also have regard for the provisions of section 5 of the Refugee Act 1996, as amended, on the prohibition of refoulement before signing a deportation order. This means in essence that the safety of returning a person to their country of origin, or refoulement as it is commonly referred to, is fully considered in every case when deciding whether or not to make a deportation order. The term refoulement 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 the UNHCR, in evaluating, in each individual case, the safety of making returns to third countries. The effect of a deportation order is that the person concerned must leave the State and remain thereafter out of the State. The enforcement of deportation orders is an operational matter for the Garda National Immigration Bureau.

In light of the comprehensive nature of this State's refugee status determination processes, I am satisfied that the asylum claims advanced by asylum seeking girls and women at risk of violence in their home countries are fully examined in every individual case, having due regard for the merits of each specific case. Equally, I am satisfied that the provisions of the Immigration Act 1999, as amended, and section 5 of the Refugee Act 1996, as amended, provide safeguards to ensure that persons at risk of violence, including girls and women, are not returned to their countries of origin where such a risk is found to exist.