Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Question 395: To ask the Minister for Justice, Equality and Law Reform if his officials, when looking at the situation in Nigeria and other countries in determining asylum applications, take into account the prevalence of female genital mutilation in that country; the figures they have available; if they depend on State figures or UN figures; and if he will make a statement on the matter. [15279/09]

Dermot Ahern (Louth, Fianna Fail)
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As the Deputy may be aware, there is a statutory framework governing the asylum determination process in Ireland, set out in the Refugee Act 1996 (as amended). This Act established two independent refugee status determination offices to consider applications and appeals in respect of refugee status and to make recommendations to the Minister for Justice, Equality and Law Reform on whether in each case, such status should be granted. These offices are the Refugee Applications Commissioner (ORAC) and the Refugee Appeals Tribunal (RAT).

Asylum applications are determined on an individual case basis. Every asylum applicant is entitled to an investigation and determination of his/her claim at first instance by the Refugee Applications Commissioner. They are also entitled to a right of appeal to a statutorily independent office - the Refugee Appeals Tribunal; and access to legal assistance provided by the Refugee Legal Service. The UNHCR is given full access to the refugee determination process and can examine any case at any time to ensure fair procedures and compliance with Geneva Convention obligations.

In assessing each individual asylum application or appeal, the offices' referred to must, in accordance with their statutory remit, have regard to the specific claims made by the applicant including claims involving female genital mutilation (FGM), as measured against objective, reputable, up-to-date information relating to an applicant's country of origin. Such country of origin information is sourced from a wide variety of areas, including reports prepared by: • the UK Home Office and Border Agency; • the US State Department; • the Canadian Immigration and Refugee Board; • UNHCR; • Amnesty International; • Other EU Member States; • Media and Internet sources.

Reports on relevant issues in the country in question e.g. in respect of FGM in Nigeria, would include reports on human rights issues in Nigeria prepared by the Joint British-Danish fact-finding mission to Abuja and Lagos.

These various country of origin reports would reference statistical information produced by both the state authorities and UN Agencies such as UNICEF.

When evaluating an application for refugee status where fear of FGM is alleged, the ORAC considers the country and area where the application comes from and whether FGM is legally prohibited. Other issues considered include the credibility and plausibility of the individual applicant's account of their claim, the likelihood of FGM for that particular person, the State and NGO supports available, and the likely consequences if the asylum application is refused and the applicant is returned to their country of origin.

The Deputy might also like to be aware that when assessing asylum claims, the ORAC avails not only of its own internal research expertise but also of the services of expert researchers in the Refugee Documentation Centre (RDC), an independent library and research service within the Legal Aid Board. The RDC provides a research and query service on country of origin information for all organisations involved in the asylum process.