Minister signs convention on asylum-seekers

The Minister for Justice, Equality and Law Reform, Mr O'Donoghue, has signed the order which gives effect to Ireland's obligations under the Dublin Convention on handling asylum-seekers.

The convention comes into force in 12 European Union states on Monday. It sets out the criteria determining which member-state will consider an application for asylum. These include factors such as whether an applicant has been issued with a residence permit or visa by a member-state and whether a close relative has already been granted refugee status in a state.

However, the main criterion will be whether someone seeking asylum has already spent time - legally or illegally - in another member-state where there was an opportunity to apply for asylum. If so, the persons can be sent back to the first member-state in which they arrived in the EU.

In Ireland's case, this means any non-EU nationals arriving from the UK without correct papers can be sent back. This has been the practice since new immigration checks were introduced at the end of June.

The convention contains an appeals procedure which has not been in operation over the past two months. Where someone applies for asylum here, an official of the Department of Justice, Equality and Law Reform will decide whether the application should be heard here or in another EU state.

A decision to transfer the application to another state can be appealed to an independent lawyer.

Mr O'Donoghue said yesterday the convention would ensure that Ireland's resources could be devoted to dealing with asylum applications where the State clearly had a responsibility.

The order giving effect to the convention also sets out the legal definition of a refugee as a person with a "well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion".