Written answers

Tuesday, 9 June 2015

Department of Justice and Equality

Refugee Status

Photo of Clare DalyClare Daly (Dublin North, United Left)
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525. To ask the Minister for Justice and Equality the reason the LÉ Eithne is depositing refugees that it finds in the Mediterranean, in Malta and in Italy; if it is the case, under the Refugee Convention of 1951, that once the refugees are on the LÉ Eithne, they are in effect on Irish sovereign territory, and should be granted refugee status. [21538/15]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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Following a Government decision, the LÉ Eithne was deployed to the Mediterranean on 16 May 2015 to engage in humanitarian search and rescue operations at sea as part of Ireland's overall contribution to the migrant crisis situation in the region.

It has been agreed with the Italian Government that the LÉ Eithne will conduct search and rescue operations in the Mediterranean in accordance with relevant international law on rescue at sea under which persons in distress at sea who are rescued shall be disembarked by the rescuing vessel at the nearest safe port in Italy. In accordance with relevant international and European Law any claims for international protection by persons who are rescued is the responsibility of the state of disembarkation.

The Deputy might wish to note that section 8 of the Refugee Act 1996 (as amended) provides that any person who arrives at the frontiers of the State or any person who at any time is in the State seeking the status of a refugee may apply to the Minister for Justice and Equality for a declaration of refugee status. There is therefore no legal basis for accepting extra-territorial applications.

With regard to the granting of refugee status, the Deputy might also note that the processing of asylum applications in Ireland takes place within a well defined national and international legal framework. All applications for refugee status are examined in accordance with the statutory requirements set out in the Refugee Act 1996 (as amended). Accordingly, where a person makes an application for refugee status in Ireland their application is examined at first instance by the Office of the Refugee Applications Commissioner (ORAC) and, on appeal by the Refugee Appeals Tribunal.

The Deputy will be aware that as a further part of its response to the crisis, the Government has agreed in principle to resettle an additional 300 vulnerable people as its contribution to helping alleviate the migration crisis in the Mediterranean. This brings our total commitment on resettlement to the end of 2016 to five hundred and twenty (520) people, or nearly twice the quota proposed by the Commission for Ireland.

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