Bernard Durkan (Kildare North, Fine Gael)
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Question 150: To ask the Minister for Justice, Equality and Law Reform if the Refugee Applications Commissioner who examined the application for refugee status in the case of a person (details supplied) has been known to have approved such applications previously; and if he will make a statement on the matter. [23299/07]

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 two independent statutory offices; the Office of the Refugee Applications Commissioner and the Refugee Appeals Tribunal, which make recommendations to the Minister for Justice, Equality and Law Reform on whether such status should be granted.

All applications are considered in line with the provisions of the Refugee Act 1996. Section 2 of the Act defines a refugee, subject to stated exclusions, "as 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. 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. Applicants are also guaranteed a de novo hearing with the Refugee Appeals Tribunal where necessary and have access to legal advice throughout the process.

While it is not the practice to comment in detail on individual asylum applications, I would point out to the Deputy that delays in finalising cases can occur for a variety of reasons, including giving applicants and appellants the fullest opportunity possible to present their cases and the determination of Judicial Review proceedings.

I would also like to point out that the heads of the two independent offices, namely, the Refugee Applications Commissioner and the Chairperson of the Refugee Appeals Tribunal occupy independent statutory positions under the Refugee Act, 1996 and are independent in the performance of their functions under that Act. As such, it would be inappropriate for me to comment any further on the matter.