Alan Shatter (Dublin South, Fine Gael)
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Question 364: To ask the Minister for Justice, Equality and Law Reform the number of unaccompanied children who have come here, aged six years and under, aged between seven years and 12 years, and aged between 13 years and 18 years, who have been allowed to remain here upon reaching 18 years. [3105/10]

Dermot Ahern (Louth, Fianna Fail)
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I have been informed by the Irish Naturalisation and Immigration Service (INIS) that Section 8(5)(a) of the Refugee Act 1996 (as amended) provides that, where it appears to an Immigration Officer or an authorised officer that a child under the age of 18 years who has arrived in the state and is not in the custody of any person, that child must, as soon as is practicable be referred to the Health Service Executive (HSE) and thereupon the provisions of the Child Care Act, 1991 apply to the child.

For the purposes of the Deputy's Question, the following is the position with regard to the number of unaccompanied children within the various age categories who have claimed asylum in this State in recent years. This being the case, the numbers of unaccompanied children for the years 1998 to 2009 inclusive are as follows:

As the Deputy will be aware, all asylum applications, whether they relate to adults or children, require an investigation to be carried out to determine whether refugee status should be granted or refused. Clearly in the context of determining asylum applications involving unaccompanied children, regard will be had for the age and maturity of the child.

The following is the position on the grant of refugee status in cases involving unaccompanied children in the years 1998 to 2009 inclusive. The Deputy might note that decisions made in one year may relate to applications made in an earlier year.

Recommendation/Decision to Grant Refugee Status to Unaccompanied Minor Applications at First Instance 1998-2009*

Recommendation/Decision to Grant Refugee Status to Unaccompanied Minor Applications at Appeal Stage 1998-2009*

*Please note that the figures in these tables refer to the year in which the decision/recommendation was made and not the year the application was received.

The Deputy might also wish to note that in the instances where refugee status is refused, the unaccompanied children involved will be made aware of the entitlement to apply for Subsidiary Protection in the State and to submit written representations to the Minister as to why a Deportation Order should not be made and any such communications are again copied to the HSE and to the child's legal representative.

In relation to the treatment of such cases where an applicant reaches 18 years, the same legal entitlements and provisions will apply to such persons as would to cases involving persons who were adults at the time an asylum claim was lodged. For this reason, it is not possible to dis-aggregate the cases of previously unaccompanied children who were subsequently granted permission to remain in the State from the overall figures for persons granted permission to remain in the State.

The Deputy might also wish to note that it is not uncommon for persons arriving in the State as unaccompanied children to be re-united with family members already in the State and once such re-unification is achieved, the HSE will no longer be required to act as guardian to such children.

I understand that the HSE has information in relation to the non-asylum seeking unaccompanied children arriving in the State and that the HSE will be in contact with the Deputy directly in this regard.