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Dáil Éireann debate -
Wednesday, 17 Dec 1997

Vol. 485 No. 3

Written Answers. - Asylum Seekers.

John Gormley

Question:

244 Mr. Gormley asked the Minister for Justice, Equality and Law Reform the exact nature of the procedures which are being put in place to deal with the backlog of asylum cases. [23366/97]

John Gormley

Question:

245 Mr. Gormley asked the Minister for Justice, Equality and Law Reform the circumstances in which his Department will seek to deport asylum seekers; and whether these people will be deported directly to their country of origin. [23367/97]

John Gormley

Question:

246 Mr. Gormley asked the Minister for Justice, Equality and Law Reform the circumstances in which his Department will seek the detention of asylum seekers; and whether an asylum seeker whose appeal is refused is likely to be detained. [23368/97]

John Gormley

Question:

247 Mr. Gormley asked the Minister for Justice, Equality and Law Reform when a legal aid scheme for refugees will be brought into being. [23370/97]

John Gormley

Question:

248 Mr. Gormley asked the Minister for Justice, Equality and Law Reform the procedures, if any, that are being put in place to train new staff who are dealing with asylum cases; and when this training will take place. [23371/97]

John Gormley

Question:

249 Mr. Gormley asked the Minister for Justice, Equality and Law Reform when the amendments to the Refugee Act, 1996 will be available. [23372/97]

John Gormley

Question:

250 Mr. Gormley asked the Minister for Justice, Equality and Law Reform the exact function of the new accommodation his Department is acquiring for the asylum section. [23373/97]

I propose to take Questions Nos. 244, 245, 246, 247, 248, 249 and 250 together.

A copy of the new procedures for dealing with applications for refugee status was placed in the Dáil Library last week. In addition, copies of the procedures were circulated to all Deputies on 11 December last.

Where it has been determined, under the provisions of the Dublin Convention (Implementation) Order, 1997, that an asylum application falls to be dealt with by another member state of the European Union, then the appropriate mechanisms are put in place to effect the applicant's transfer to that State to have the asylum claim dealt with there. This does not involve returning an asylum seeker to the country of origin, but rather to the relevant EU state which has accepted responsibility for processing the application in accordance with its national provisions.
If, following full consideration of an application for refugee status in accordance with the new procedures to which I have referred, it is determined that the applicant is not a refugee within the meaning of section 2 of the Refugee Act, 1996, unless there are exceptional reasons the person should be permitted to remain in the State that person will be asked to leave. In the event of failure to comply with such a request, arrangements will be made for the return of the person to his or her country of origin. I would also draw the Deputy's attention to the general prohibition againstrefoulement at section 5 of the Refugee Act.
There are no specific provisions for the detention of asylum seekers as such. Such persons are subject to the laws of the State generally, in the same way as any other person within the State. Where any person is the subject of a deportation order but does not comply voluntarily with the requirement of the order to leave the State, then he or she may in accordance with the law be detained for the purpose of carrying out the order.
In so far as the provision of legal advice for asylum seekers is concerned, the Refugee Act makes no specific provision in this area. However, the present position is that my Department provides £120 per case for asylum seekers to present their cases to the appeals authority. This amount is paid to the legal representative, who is engaged independently by the asylum seeker, on certification by the appeals authority that the representative has acted in the case. The fee of £120 is the same as that paid by the Legal Aid Board under its private practitioners' scheme for legal services provided for certain District Court family law cases. I am considering the question of legal assistance as part of my ongoing review of the asylum issue. In this regard, I am availing myself of the advice of the United Nations High Commissioner for Refugees. I hope a suitable scheme will be finalised shortly.
In the matter of training, the UNHCR has given a commitment to continue to provide training in asylum law and practice designed to meet the needs of officials involved in the asylum process. An internal course for new staff to the Asylum Division of my Department was held in September, 1997. A UNHCR official recently stationed here at my request has been providing additional training modules for staff members over the past few weeks. Furthermore, a number of other specialised courses have been organised by my Department, and the third such course this month is being completed today. As recently as the end of last month, officials of my Department met the UNHCR Representative to Ireland to finalise details of a comprehensive training programme for existing staff and for new staff who will be assigned to my Department shortly. I personally met Ms Hope Hanlan, the UNHCR Representative today and confirmed that this comprehensive programme would commence in the second half of the month of January, 1998.
With regard to those provisions of the Refugee Act which are not yet in effect, I would refer the Deputy to my statement of 11 December on the adjournment of the House in which I emphasised that a review of the Act has been necessitated by the large increase in applications over the past year. When the Act was drafted, it was envisaged that applications would be of the order of a few hundred per annum, not thousands as has turned out to be the case. When the number of applications began to increase last year, it was decided that the Refugee Applications Commissioner position should be changed from a part-time appointment to a contract of employment for three years. With current numbers, even this solution will be unworkable. The Act provides for only one commissioner, with no powers of delegation. One person could not cope with the number of applications on hands and the current backlog situation would only be exacerbated.
The level of new applications has begun to fall over the past few months. If this level of decrease continues and if the new arrangements result, as is the intention, in the backlog being cleared, then it may well be possible to implement the provisions of the Act pertaining to the commissioner as currently drafted. If not, I will bring forward fresh proposals to Government.
The Deputy will be aware that new accommodation has been obtained to house the Asylum Division of my Department. It is proposed that the Eastern Health Board's Refugee Unit, the UNHCR and a proposed legal advice service for asylum seekers will be accommodated in the same building. This will be a one-stop-shop for asylum seekers, and should be ready in spring 1998.
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