Denis Naughten (Roscommon-South Leitrim, Fine Gael)
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Question 545: To ask the Minister for Justice, Equality and Law Reform if existing asylum applications under consideration by his Department at the time of enactment of the Immigration, Residence and Protection Bill 2008 will fall under the existing legislation or under the terms of the new Act; and if he will make a statement on the matter. [25931/08]

Dermot Ahern (Louth, Fianna Fail)
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Section 136 of the Immigration, Residence and Protection Bill 2008 contains provisions in relation to the treatment of applications for asylum made prior to the coming into operation of the relevant provisions of the new legislation. Subsection (9) provides that where, before the coming into operation of the subsection, a person has applied for asylum under section 8 of the Refugee Act 1996 but has not been interviewed under section 11 of that Act, then the provisions of the new legislation shall apply to the application as if it were an application for protection. Where the person has been interviewed, the provisions of the Refugee Act 1996 shall continue to have effect for the purpose of the disposal of the application.