Enda Kenny (Mayo, Fine Gael)
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Question 337: To ask the Minister for Justice, Equality and Law Reform if Members of the Houses of the Oireachtas are entitled to attend hearings in respect of asylum seekers in regard to their status on their claims, for the purpose of providing further information known to them; if they are not entitled to attend, the reason for such decisions; and if he will make a statement on the matter. [47184/08]

Dermot Ahern (Louth, Fianna Fail)
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Under the Refugee Act 1996, 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.

Under the Act an oral hearing may arise in the case of an appeal to the Tribunal under section 16 against a recommendation of the Commissioner. Section 16 does not include any specific reference to a role for a member of a House of the Oireachtas at an oral hearing. The section does include the following provisions which could have a bearing on the matter: for the purposes of an oral hearing the Tribunal may direct in writing any person whose evidence is required by the Tribunal to attend before the Tribunal to give evidence and to produce any document or thing in his or her possession or control; the Tribunal shall enable the applicant to be present at the hearing and present his or her case to the Tribunal in person or through a legal representative or other person; and an oral hearing shall be held in private.