Bernard Durkan (Kildare North, Fine Gael)
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Question 206: To ask the Minister for Justice, Equality and Law Reform if he will reply in detail to Parliamentary Question No. 210 of 21 February 2008 which warrants a response other than that provided to the previous questions and where strong evidence exists that the person in question is expected to be in serious danger if returned to their homeland; and if he will make a statement on the matter. [9949/08]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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I presume when the Deputy referred in his Dáil Question No. 210 of Thursday 21 February 2008 to residency status he was in fact referring to refugee status. That being the case, the Deputy might wish to note the process undergone by each asylum applicant as follows:

An application for asylum is considered at first instance by the Office of the Refugee Applications Commissioner and, in the event of an appeal, by the Refugee Appeals Tribunal. The statutory brief of both of those bodies, as set out in the Refugee Act, 1996, as amended, is, inter alia, to make recommendations to the Minister for Justice, Equality and Law Reform, in each individual case, as to whether each applicant should, or should not, be declared to be a refugee. I, as Minister, decide whether to grant or refuse refugee status.

Similarly, following consideration of an application from a person who has been refused refugee status for consideration under Section 3(6) of the Immigration Act, 1999, as amended, for temporary leave to remain in the State, I as Minister, decide whether to grant or refuse such leave to remain. Further, when temporary leave to remain in the State is refused by me pursuant to my statutory powers as Minister, this results in the signing of a deportation order by me.

The person concerned had his asylum claims examined by both the Refugee Applications Commissioner and the Refugee Appeals Tribunal, both of whom concluded that he did not meet the criteria for recognition as a refugee. The Deputy will appreciate that these bodies, as stated earlier, are not charged with responsibility for considering applications for permission to remain in the State pursuant to the provisions of the Immigration Act, 1999 (as amended).

Furthermore, the Deputy should note that the Refugee Appeals Tribunal is a statutory body, independent in the performance of its functions under the provisions of sections 15 and 16 of the Refugee Act, 1996 (as amended). The effective management of the Tribunal is the responsibility of the Chairperson who in accordance with the section 14 of the second schedule of the Refugee Act, 1996 (as amended) "shall endeavour to ensure that the business of the Tribunal is managed efficiently and that the business assigned to each division is disposed of as expeditiously as may be consistent with fairness and natural justice". It would therefore be inappropriate for me to comment further on the matter.