Bernard Durkan (Kildare North, Fine Gael)
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186. To ask the Minister for Justice and Equality the position regarding an application for residency status in the case of a person (details supplied) in County Waterford in respect of whom a decision by the Refugee Appeals Tribunal has been set aside by the courts; if, in the context of a new application for asylum being made, such application will not be influenced by the previous decision of the tribunal or commission; and if she will make a statement on the matter. [25173/14]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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If the person whose details were supplied has made an application for asylum or subsidiary protection, the Deputy will be aware that it is not the practice to comment on such cases for so long as they are in the protection process.

As the Deputy will be aware the Refugee Appeals Tribunal is a statutory independent body established under the Refugee Act, 1996 to decide appeals against negative recommendations in respect of applications for refugee status issued by the Office of the Refugee Applications Commissioner (ORAC) and to make recommendations to the Minister for Justice and Equality in relation to whether or not refugee status should be granted.

The management of the Tribunal is the responsibility of the Chairperson who under the Refugee Act, 1996 (as amended) is required “to ensure that the business of the Tribunal is managed efficiently and that the business assigned to each division is disposed of as expeditiously as may be consistent with fairness and natural justice”. The Tribunal Chairperson in his strategy statement for 2014 - 2017 commits the Tribunal “to consider and decide refugee, subsidiary protection and Dublin Regulation appeals to the highest professional standards.” It must be remembered that members of the Refugee Appeals Tribunal are independent in the exercise of their functions, and it is a matter for the Tribunal to consider whether a person is a refugee or not.

I am advised by the Chairperson of the Tribunal that when a case is remitted to the Tribunal for a re-hearing the member assigned the case is not made aware of the previous judicial review, as to do so could prejudice an applicant. The legal advisors for the applicant may bring attention to any previous judgement if they wish to do so.