Alan Shatter (Dublin South, Fine Gael)
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Question 181: To ask the Minister for Justice and Law Reform with regard to the total number of unaccompanied children who arrived in the State between 1 January 2002 and 30 September 2010 being 1,871 children, the number that have been allowed to remain here upon attaining 18 years of age and the numbers whose applications to remain presently await determination. [47102/10]

Dermot Ahern (Louth, Fianna Fail)
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I am informed by the Irish Naturalisation and Immigration Service (INIS) that unaccompanied minors are dealt with in accordance with section 8(5)(a) of the Refugee Act 1996 (as amended) which 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.

As the Deputy will be aware, it is open to the unaccompanied minors to apply for refugee status if they so wish. 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. In circumstances where an unaccompanied minor is placed in the care of the HSE pursuant to the provisions of the Refugee Act, 1996, the making of a decision with regard to an asylum application is taken by the HSE on behalf of the child.

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.

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.