Jan O'Sullivan (Limerick East, Labour)
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Question 576: To ask the Minister for Justice, Equality and Law Reform the guidelines used in his Department in deciding on applications for asylum where there is a well-founded fear that female genital mutilation will be performed on female family members if they are returned to their home country; and if he will make a statement on the matter. [14420/08]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The Deputy might wish to note that, in accordance with the provisions of the Refugee Act, 1996 (as amended), two statutory independent refugee status determination bodies, namely the Office of the Refugee Applications Commissioner and the Refugee Appeals Tribunal, were established with effect from 20 November 2000 to examine, at first instance and, where appropriate, on appeal, applications for asylum in the State. 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, or appellant, should, or should not, be declared to be a refugee, as defined in Section 2 of the Refugee Act, 1996 (as amended). I, as Minister, ultimately decide whether to grant or refuse refugee status, based on the recommendations of the aforementioned statutory bodies and in accordance with Section 17 of the same Act.

In assessing each individual asylum application or appeal, the bodies referred to must, in accordance with their statutory remit, have regard for the specific claims made by the applicant/appellant, including claims involving female genital mutilation, as measured against objective, reputable, up to date information relating to the applicant's/appellant's country of origin and, where doubts exist, the benefit of the doubt is applied in favour of the applicant/appellant.

The Deputy might wish to note also that where an asylum application is refused at both first instance and appeal stages, the unsuccessful applicant is then afforded the opportunity to apply, separately, to the Minister for Justice, Equality and Law Reform for Subsidiary Protection in the State, in accordance with the provisions of the European Communities (Eligibility for Protection) Regulations, 2006 — Statutory Instrument No. 518 of 2006. Subsidiary Protection is a form of international protection offered to those persons who do not meet the criteria for recognition as a refugee but who nonetheless claim a risk of serious harm in their country of origin if repatriated there. Each application for Subsidiary Protection in the State is considered on the basis of its individual merits, having regard for the claims made by the applicant and measured against objective, reputable up to date information relating to the applicant's country of origin.

In addition to the above, each unsuccessful asylum applicant is afforded the opportunity to apply to the Minister for Justice, Equality and Law Reform for temporary leave to remain in the State, in accordance with the provisions of Section 3 of the Immigration Act, 1999 (as amended). As part of the application process for temporary leave to remain in the State, an applicant is invited, within a defined timeframe, to submit written representations to the Minister in support of such an application and any representations submitted by or on behalf of an applicant are fully considered before the case file of that applicant is submitted to me for decision. The Deputy might wish to note that every such application is considered under the eleven separate headings set out in Section 3 (6) of the Immigration Act, 1999 (as amended). For the Deputy's information, those headings are as follows:

(a) the age of the person,

(b) the duration of residence in the State of the person,

(c) the family and domestic circumstances of the person,

(d) the nature of the person's connection with the State, if any,

(e) the employment (including self-employment) record of the person,

(f) the employment (including self-employment) prospects of the person,

(g) the character and conduct of the person both within and (where relevant and ascertainable) outside the State (including any criminal convictions),

(h) humanitarian considerations,

(i) any representations duly made by or on behalf of the person,

(j) the common good and

(k) considerations of national security and public policy.

The Deputy might note that each case is considered individually and regardless of whether or not written representations are submitted by or on behalf of the applicant. Following a detailed examination of each individual case, including a consideration having regard to Section 5 of the Refugee Act, 1996 (as amended) on the prohibition of refoulement, a recommendation is made as to whether a Deportation Order should be issued or temporary leave to remain in the State granted. Refoulement essentially relates to the safety of returning a failed applicant to their country of origin. Where a Deportation Order is issued, the enforcement of that Order is an operational matter for the Garda National Immigration Bureau.

Overall, the State has a very fair and comprehensive mechanism in place for the consideration of asylum applications and, where appropriate, applications for Subsidiary Protection and ultimately applications for temporary leave to remain in the State. As a result, I am satisfied that all applications for asylum made by persons alleging that female genital mutilation will be carried out on themselves or on a family member are comprehensively examined before a decision is taken as to whether or not a grant of refugee status should be made.