Written answers

Wednesday, 14 December 2011

Department of Justice, Equality and Defence

Asylum Applications

10:00 pm

Photo of Finian McGrathFinian McGrath (Dublin North Central, Independent)
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Question 221: To ask the Minister for Justice and Equality his views on a matter (details supplied) regarding the courts. [40294/11]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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The Deputy should be aware that it is not the practice to comment on individual asylum applications where a final decision has not been made. As I understand it, the delay in having the case of the person concerned concluded has arisen from the legal challenges taken, in the High Court and in the Supreme Court, by the person concerned against determinations or decisions taken in her case. However, given that a final decision has not yet been taken in this case, it would not be appropriate for me to comment further on the case at this time.

On a more general level, I am entirely satisfied that the State has very comprehensive mechanisms, both legislative and administrative, in place for the determination of asylum applications. Where an individual asylum applicant is not satisfied with a determination or decision taken in relation to their case, they have recourse to the High Court to challenge such a determination or decision through the medium of judicial review. Equally, where an individual is not satisfied with a decision of the High Court in their case, they have, subject to certain criteria being satisfied, recourse to the Supreme Court. As the Deputy will be aware, under our Constitution the Courts are independent in the exercise of their functions.

Against the above background, I am satisfied that any issue raised by the person concerned has been given an appropriate hearing at both administrative and judicial level.

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