Joe Costello (Dublin Central, Labour)
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Question 1165: To ask the Minister for Justice, Equality and Law Reform the status of the judicial review in the case of a person (details supplied) in Dublin 1; and if he will make a statement on the matter. [1274/08]

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 and the Refugee Appeals Tribunal, which make recommendations to the Minister for Justice, Equality and Law Reform on whether such status should be granted.

While it is not the practice to comment in detail on individual asylum applications, the Deputy may wish to note that the average length of time taken by the Refugee Appeals Tribunal to process and complete substantive appeals is approximately 17 weeks and 9 weeks for accelerated appeals. 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, where appellants pursue such a course of action.

Where the latter is relevant, the time taken to discharge any proceedings is a matter for the Courts and is not something that I, as Minister, can comment on. It is, of course, open to the applicant or the appellant to withdraw any Judicial Review proceedings which they may have instigated and this would allow for their appeal to be processed in the normal manner. A final decision on this application will be made upon receipt of the decision of the Refugee Appeals Tribunal.