Written answers

Tuesday, 29 April 2008

Department of Justice, Equality and Law Reform

Asylum Applications

9:00 pm

Photo of Olwyn EnrightOlwyn Enright (Laois-Offaly, Fine Gael)
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Question 407: To ask the Minister for Justice, Equality and Law Reform the basis on which somebody from New Zealand with a legitimate work permit would be considered by his office to be asylum seeker; and if he will make a statement on the matter. [16031/08]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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The statutory framework governing the asylum determination process in Ireland is as follows:

The Refugee Act 1996 established two independent statutory offices to consider applications and appeals in respect of refugee status and to make recommendations to the Minister for Justice, Equality and Law Reform on whether such status should be granted. These offices are the Office of the Refugee Applications Commissioner (ORAC) and the Refugee Appeals Tribunal (RAT).

Section 8 (1)(a) of the 1996 Act provides that "A person who arrives at the frontiers of the State seeking asylum in the State or seeking the protection of the State against persecution or requesting not to be returned or removed to a particular country or otherwise indicating an unwillingness to leave the State for fear of persecution — (i) shall be interviewed by an immigration officer as soon as practicable after such arrival, and (ii) may apply to the Minister for a declaration". Accordingly, every asylum applicant is guaranteed an investigation and determination of his or her claim at first instance by the Refugee Applications Commissioner and, where necessary, an appeal with the statutorily independent Refugee Appeals Tribunal. Without the provision of additional information from the Deputy, I am not in a position to elaborate further.

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