Michael D Higgins (Galway West, Labour)
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Question 279: To ask the Minister for Justice, Equality and Law Reform if his attention has been drawn to the ongoing religious persecution of Ahmedin people in Pakistan; and if this persecution is taken into account in the event of persons of this community applying for asylum, citizenship or other such applications here. [43471/08]

Dermot Ahern (Louth, Fianna Fail)
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Persecution, within the meaning of the Geneva Convention relating to the Status of Refugees, arises in relation to an application for asylum.

Applications for asylum in Ireland 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 refugee status should be granted.

An application for asylum in Ireland is examined in accordance with the provisions of the Refugee Act 1996 and the European Communities (Eligibility for Protection) Regulations 2006. This legislation provides that acts of persecution and the reasons for persecution are essential elements of the assessment of an application. The Regulations provide that for the purposes of making a decision on an application for asylum a decision maker shall take into account all relevant facts as they relate to the country of origin, the relevant statements and documentation presented by the applicant and the individual position and personal circumstances of the applicant, so as to assess whether, the acts to which the applicant has been or could be exposed would amount to persecution. These provisions of the Regulations apply, in relation to an application for asylum under the Refugee Act, to a recommendation of the Refugee Applications Commissioner under section 13(1) of the Act or an affirmation or recommendation of the Refugee Appeals Tribunal under section 16(2)(b) of the Act.

The Minister has no role in relation to the decision-making functions of the Refugee Applications Commissioner or the Refugee Appeals Tribunal including the elements relating to acts of persecution and the reasons for persecution.

Under section 17 of the Refugee Act, 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.