Vol. 493 No. 2
6 Mr. Callely asked the Minister for Justice, Equality and Law Reform the investigations, if any, that take place when asylum seekers make applications for refugee status to ensure the applications are genuine; and if he will make a statement on the matter. [15379/98]
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 circumstances, some sort of evidence as to their identity. 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.
Officials of my Department attend meetings of Council of Europe committees where asylum and migration issues are discussed. The Department has access to all Council of Europe documentation in these areas and other areas, e,g, human rights, as appropriate. Information from many different areas, governmental and non-governmental, and in particular from the United Nations High Commissioner for Refugees, is used to assist in assessing the validity of cases put forward by applicants for refugee status. International experience is that some people intentionally misuse asylum procedures for illegal immigration purposes.
Attempts by people with no valid claim to international protection take advantage of asylum procedures and create serious problems by clogging those procedures. Such abusive claims have greatly contributed to the confusion between refugees and illegal migrants and, in turn, reflects negatively on the asylum institution and, hence, on bona fide refugees.
An applicant for refugee status must establish a well-founded fear of persecution and where it is established that such a fear exists in the context of the refugee definition in the UN Convention of 1951 and the 1967 Protocol, 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.
All 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 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 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.
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 cases are not prejudged, 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.
I warmly acknowledge Ireland's obligations to genuine refugees. I have asked questions on this subject in the past which drew unfair criticism. However, I will not be deterred in my efforts to ensure that genuine refugees are accommodated but that taxpayers money is not misspent on rogue refugees or illegal immigrants.
I have a report from the biggest health board which handles more than 90 per cent of the illegal immigrants and asylum seekers claiming refugee status. The report states: —
It is not in order to quote. The Deputy should ask a supplementary question. His is a rather long preamble and he should come to his supplementary question.
The health board states that dealing with the vast and rapid increase in the number of asylum seekers has presented many difficulties to the board's officers, not least being that of establishing and verifying identity and that in many cases asylum seekers have no documentation whatsoever and it is national policy not to make inquiries in the country of origin.
This applies in all health board areas. The Minister commented on the production of evidence of identity. I understand there is a certain amount of racketeering involved and that it is suggested to those claiming refugee status that they should not have evidence of identity. It would be a difficult task but what steps or measures are open to the Minister to try and ensure that evidence will be produced?
I am fully aware that many asylum seekers are forced to flee their countries of origin without any documentation as to their identity. 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 they are who they claim to be. It is necessary for all asylum seekers to produce, as far as possible, some evidence of identity.
It should be recognised that not all asylum seekers flee their alleged countries of origin without some form of identifying documentation. Many asylum seekers are in a position to produce identification papers. It is common practice to advise all asylum seekers to try and secure documentary evidence of their nationality to support their application for asylum. It is not, nor never has been the practice to prevent any applicant completing the questionnaire simply because he or she cannot provide such evidence.
I appreciate Deputy Callely's concern for genuine refugees. I assure him the procedures in place in the Department of Justice, Equality and Law Reform, which are open, transparent and fair, are being dealt with by people of the highest integrity, are appealable to appeals authorities and amenable to judicial review. A case can be taken to the highest court in the land, if that is the applicant's choice.
Does the Minister agree it is important when debating this issue to use accurate terms and that Deputy Callely displayed ignorance by using terms like "genuine refugees" and "rogue refugees"? We all should know that one is either a refugee or not. Does the Minister agree it is important to use proper and accurate language and not, intentionally or unintentionally, to raise the temperature, given that it is often ignorance that leads to fear which, in turn, leads to racism?
I think Deputy Callely's intention was to distinguish between an illegal immigrant and a refugee. All applicants are in the first instance asylum seekers. When the determination process has been completed, an individual is deemed to be a refugee or an illegal immigrant. To be fair to Deputy Callely — I am sure he can speak for himself——
We often wonder about that.
——I think that is what he was trying to convey.
The Minister is correct in saying that I was trying to determine the difference between an illegal immigrant and a genuine refugee. Those claiming refugee status are dealt with by the Department of Justice, Equality and Law Reform, while programme refugees are dealt with by the Department of Foreign Affairs. I am sure I do not have to lecture people on the different terminology.
It does not stop the Deputy.
Perhaps when other speakers use the term "refugee" they should explain that there are programme refugees and asylum seekers seeking refugee status. I am pleased that fair procedures are in place in the Department of Justice, Equality and Law Reform because there was a three or four year gestation period when they were not in place. We have clarified the point about genuine asylum seekers fleeing persecution who deserve refugee status, but does the Minister know the number of illegal immigrants who are engaged in a racketeer industry and bringing people into the country who do not have a right to be here? Can procedures be put in place to ensure these people, when caught, are not accommodated overnight, but returned to the country of origin without delay?
There is evidence of organised trafficking in people to this country. That is why I recently announced a new Bill to deal with the matter. I do not have the statistics the Deputy seeks, but I can give him some idea of the number awaiting decisions and in doing so I am not casting aspersions on any of these people. As of 31 May 1998 there were 5,678 applications awaiting decisions. I cannot categorise them because they must go through the determination process before it is decided whether they are refugees or illegal immigrants. Of those, six claims were lodged in 1995, 489 were lodged in 1996, 3,053 were lodged in 1997 and between 1 January and 31 May 1998, 2,130 were lodged.
I tabled a parliamentary question on the number of deportations as a result of the new procedures. I was informed that no deportations had been carried out under those procedures, even though we all know deportations are being carried out. How many deportations have been carried out under the new 10 December procedures?
That is a statistical question and not allowable. Nonetheless, if I had the exact figure I would inform the Deputy. There have been some deportations, but the figure is not high. I will, however, communicate the precise figure to Deputy McManus.
On the other side of the coin, will the Minister indicate the number of repatriations that have occurred in respect of refugees in his Department compared with programme refugees in the Department of Foreign Affairs? Question No. 100 refers to statistics with regard to percentage increases. I would welcome that information from him.
I did not have notice of these questions, but I will give the Deputies whatever statistics I have. I can now tell Deputy McManus that to date in 1998, 22 persons have been served with deportation orders.
Is that under the new procedures?
I anticipate that is under the new procedures, but the procedures that were in place prior to coming into force of the new procedures were also administrative in the sense that the Refugee Act, 1996, has not been fully implemented for reasons outlined on numerous occasions. There have been 21 deportations to date this year. In one case a deportation order was served but not effected because of a judicial review and the person concerned remains illegally in the State. The statistics which Deputy Callely seeks are not readily available to me, but I will make them available to him at the earliest possible opportunity and I will clarify any point arising for Deputy McManus.
