Richard Bruton (Dublin North Central, Fine Gael)
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Question 901: To ask the Minister for Justice, Equality and Law Reform the number of separated children who arrive here seeking asylum; and if there are special provisions in place within the asylum process to ensure that fair hearings are given to children who might not be in a position to present their case effectively. [19996/07]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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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 (ORAC) and the Refugee Appeals Tribunal (RAT) which make recommendations to the Minister for Justice, Equality and Law Reform on whether such status should be granted. There are specific procedures in place in both Offices to deal with claims from unaccompanied minors.

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 in relation 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. In the event that an application is made, the HSE will then assist the minor throughout the asylum process, including accompanying them to any interview or hearing that may be scheduled.

In this regard, a total of 1,956 asylum applications by unaccompanied minors were received during the period 1 January, 1998 to 31 August, 2007.

All applications for refugee status are processed having regard to the definition of a refugee contained in section 2 of the Refugee Act 1996. The processing of applications for refugee status from unaccompanied minors has a number of child-specific features and has regard to a number of distinct factors including the UNHCR's Guidelines on Policies and Procedures in dealing with Unaccompanied Children Seeking Asylum and the EU Children First Programme.

A number of staff in both agencies have received specialised training in dealing with cases of unaccompanied minors. This training is currently facilitated by the UNHCR and involves presentations to practitioners from child care experts focusing on issues such as psychological needs, child specific aspects of the refugee process, the role of the social worker and other issues particular to refugee determination for separated children. A multi-agency approach is adopted in this training, in that this programme is attended by staff of the Office of the Refugee Applications Commissioner, the Refugee Appeals Tribunal, the Health Service Executive and the Refugee Legal Service.

A representative of the Refugee Legal Service is present at all stages of the asylum process and provides legal advice to the applicant, as appropriate. Interpretation facilities are also provided where necessary.

Accordingly, I am confident that unaccompanied minors in the asylum process are dealt with appropriately and sensitively by properly trained and resourced staff and that their asylum applications are dealt with in a fair and comprehensive manner.