Dáil Éireann debate -
Tuesday, 10 Feb 1998

Vol. 486 No. 6

Written Answers. - Asylum Seekers.

Ivor Callely

Question:

267 Mr. Callely asked the Minister for Justice, Equality and Law Reform the inquiries, if any, that are made in the country of origin in the cases where asylum seekers have no documentation; if his attention has been drawn to the concerns, if any, that may warrant inquiries; and if he will make a statement on the matter. [3093/98]

Minister for Justice, Equality and Law Reform (Mr. O'Donoghue)

It is an important feature of the asylum determination process for an asylum seeker to show that he or she has grounds for being recognised as a refugee and that the asylum seeker is who he or she claims to be. It is necessary, therefore, for all asylum seekers to produce, as far as it is possible in their particular circumstances, some sort of evidence as to their identity. Not all asylum seekers flee their alleged countries of origin without some form of identifying documentation, though most of our asylum seekers are not in a position to produce identification papers. Accordingly, it is common practice to advise all asylum seekers to try to secure and provide documentary evidence of their nationality and documentary evidence to support their application for asylum.

It has been my Department's policy not to inquire of countries of origin about individual asylum seekers as this would be contrary to the assurance given to asylum seekers that their cases will be dealt with in confidence. As the situation in the country of origin of asylum seekers is a most important factor in the determination process, it is essential that such information is researched in detail. For this purpose, my Department obtains information from, inter alia, the UNHCR, the Department of Foreign Affairs, Amnesty International reports, the media and other EU member states.

Ivor Callely

Question:

268 Mr. Callely asked the Minister for Justice, Equality and Law Reform the current processing period for asylum seekers who make application for refugee status; the number of staff in his Department dealing with these applications; and if he will give a comparative figure for 1996. [3094/98]

Minister for Justice, Equality and Law Reform (Mr. O'Donoghue)

It is currently taking about two years to decide on individual cases. The delay is due, in part, to the very large increase in applications for refugee status lodged in recent years. A further factor is that the procedures for dealing with such applications, which dated back to 1985, were adequate to deal with 30 to 60 applications a year but were totally inadequate to deal with the large increase in asylum applications over the past three years and the past 18 months in particular.

The new arrangements for processing claims which were introduced on 10 December last following extensive consultations with the UNHCR will, I am satisfied, bring about an improvement in the position, not just in fairness to those who have applied for refugee status who are entitled to a speedy decision but also to the taxpayer who must support applicants and their families while a decision is pending.

In December 1996, a little over one year ago, there were 4.5 staff assigned full time to asylum duties. In the same month, the Department of Finance agreed, as an interim measure, to sanction additional staff for the asylum area. By April 1997, the number of staff dedicated to dealing with asylum applications had risen to 13. On 28 July the Government approved, as an interim measure, the recruitment of 72 temporary staff. By 9 October additional staff were redeployed to the asylum area of my Department. This brings to 22 the number of staff dedicated to dealing with asylum applications. The recruitment of the balance of the staff approved in July was delayed due to industrial relations difficulties. However, I am happy to say that these difficulties have now been resolved and procedures for the recruitment of the additional staff have commenced.

Ivor Callely

Question:

269 Mr. Callely asked the Minister for Justice, Equality and Law Reform if he is satisfied that asylum seekers coming to Ireland from their country of origin are fleeing from persecution; and if he will make a statement on the matter. [3095/98]

Minister for Justice, Equality and Law Reform (Mr. O'Donoghue)

An applicant for refugee status must establish a well-founded fear of persecution and where it is established that such a fear exists the applicant will be granted refugee status. Each application is individually examined and it is only after such examination is completed that a decision on its well-foundedness can be taken.

My Department accepts applications for refugee status from persons of many different countries of origin. All these applications are examined in accordance with the terms of the Dublin Convention to determine if Ireland is the appropriate state to consider the applications. Following this examination, the applications are considered in accordance with the definition of a refugee as set out in section 2 of the Refugee Act, 1996. This section defines a refugee as someone who, owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it. An applicant must establish a well-founded fear of persecution and where it is established that such a fear does not exist the application will be rejected and the applicant refused refugee status in the State.

International experience is that there are those who intentionally misuse asylum procedures for illegal immigration purposes. Last year I attended an international conference with almost 40 other Ministers and representatives of international institutions which examined the worldwide problem of illegal immigration. At that conference, I was interested to hear the UNHCR representative speak on discouraging the abuse of asylum procedures. He said that a number of migrants seeking employment, rather than protection from persecution, circumvent legal immigration regulations and request asylum. He emphasised, and I agree with him, that attempts by people with no valid claim to international protection take advantage of asylum procedures and create serious problems by clogging those procedures. He went on to say that, moreover, such abusive claims have greatly contributed to the confusion between refugees and illegal migrants and, in turn, reflected negatively on the asylum institution and, hence, on bona fide refugees. The UNHCR also underlined another major concern of states and the UNHCR alike and that is the phenomenon of asylum seekers who leave countries in which they have found, or could have found, protection in order to seek asylum elsewhere. Movements of this kind have a destabilising effect on international efforts aimed at finding durable solutions for refugees.

While recognising that there is a problem with abuse of asylum procedures, as a means of facilitating illegal immigration, it is nevertheless critically important that we do not prejudge cases, that each application is fully and fairly considered and that each applicant has access to an independent appeals system. These are the principles by which I am operating and will continue to operate.