John O'Mahony (Mayo, Fine Gael)
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Question 785: To ask the Minister for Justice, Equality and Law Reform the reason for the rejection of an application for asylum by a person (details supplied) in County Galway; and if he will make a statement on the matter. [28813/08]

Dermot Ahern (Louth, Fianna Fail)
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The person referred to by the Deputy applied for Asylum on the 10 July 2006. The claim was assessed by the Refugee Applications Commissioner who concluded that the person concerned did not meet the criteria for recognition as a refugee. The Commissioner's recommendation was communicated to him by letter dated 9 January 2007. This communication advised the person of his entitlement to appeal the Commissioner's recommendation to the Refugee Appeals Tribunal, which he duly did.

The Refugee Appeals Tribunal considered the person's appeal, following which the Tribunal affirmed the Commissioner's earlier recommendation to reject his claim. The outcome of the appeal was made known to the applicant by letter dated 24 June 2008.

In accordance with normal procedures, the applicant's file has been forwarded to my Department's Ministerial Decisions Unit for final processing of the Asylum claim. A letter will issue to the person in question from my Department formally advising that his asylum claim had been rejected and affording him three options as follows:

1. Return home voluntarily

2. Consent to the making of a deportation order, or

3. Make written representations to me within 15 working days for temporary leave to remain in the State and/or make an application for subsidiary protection under the European Communities (Eligibility for Protection) Regulations 2006 (SI No. 518 of 2006)

John O'Mahony (Mayo, Fine Gael)
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Question 786: To ask the Minister for Justice, Equality and Law Reform the number of applications for asylum received by his Department from Zimbabwe in 2006, 2007 and to date in 2008; the number who have been granted asylum; the number who have been refused; if membership of the MDC party is one of the criteria in making a decision on eligibility; and if he will make a statement on the matter. [28814/08]

Dermot Ahern (Louth, Fianna Fail)
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The information requested by the Deputy in relation to Zimbabwean asylum applications is set out in tabular format.

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.

A final decision on each application is made following receipt of the recommendation of the Refugee Applications Commissioner or the decision of the Refugee Appeals Tribunal, as appropriate.

The criteria for determining refugee status arise from the definition of a "refugee" as set out in Section 2, of the Refugee Act 1996 (as amended), which states: ""a refugee" means a person who, owing to a well founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his or her nationality and is unable or, owing to such fear, is unwilling to avail himself or herself of the protection of that country; or who, not having a nationality and being outside the country of his or her former habitual residence, is unable or, owing to such fear, is unwilling to return to it."

Every application for refugee status is considered on its own merits.