Denis Naughten (Roscommon-South Leitrim, Fine Gael)
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Question 302: To ask the Minister for Justice, Equality and Law Reform the powers which he has to overturn decisions of the Refugee Appeals Tribunal; and if he will make a statement on the matter. [46178/08]

Dermot Ahern (Louth, Fianna Fail)
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The Refugee Appeals Tribunal was established under the Refugee Act 1996 to consider and decide appeals taken by applicants for asylum against recommendations of the Refugee Applications Commissioner. The recommendation in question is a recommendation, set out in a report of the Commissioner on the investigation of the application under section 13 of the Act, that the applicant concerned should or, as the case may be, should not be declared to be a refugee. Under the legislation, the Minister has no power to overturn a decision of the Tribunal in relation to such an appeal.

Section 17 of the Act provides that subject to the provisions of that section, where a report under section 13 is furnished to the Minister or where the Tribunal sets aside a recommendation of the Commissioner under section 16, the Minister shall, in case the report or, as the case may be, the decision of the Tribunal includes a recommendation that the applicant concerned should be declared to be a refugee, give to the applicant a statement in writing, referred to as "a declaration", declaring that the applicant is a refugee.

Subsection (4) of section 17 provides that the Minister shall not give a declaration to a refugee who has been recognised as a refugee under the Geneva Convention by a state other than the State and who has been granted asylum in that state and whose reason for leaving or not returning to that state and for seeking a declaration in the State does not relate to a fear of persecution in that state.

In addition to the provisions of the Refugee Act, the provisions of the European Communities (Eligibility for Protection) Regulations 2006 also apply. The Regulations were made for the purpose of giving effect in Irish law to Council Directive 2004/83/EC (the Asylum Qualification Directive). Regulation 11 provides that the Minister may refuse to grant a declaration that a person is a refugee where (a) there are reasonable grounds for regarding him or her as a danger to the security of the State, or (b) he or she, having been convicted by a final judgement of a particularly serious crime, constitutes a danger to the community of the State.