Dáil Éireann debate -
Tuesday, 15 Jun 1999

Vol. 506 No. 2

Written Answers. - Deportation Orders.

Thomas P. Broughan

Question:

54 Mr. Broughan asked the Minister for Justice, Equality and Law Reform the plans, if any, he has to review appeal procedures in view of figures showing that 100 per cent of appeals made against deportation orders under the Dublin Convention have been turned down; if he will allow oral hearings of these cases; and if he will make a statement on the matter. [15360/99]

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

It is true that all appeals made against deportation orders under the Dublin Convention have been turned down. However, these figures do not indicate that the procedures currently in place for dealing with such appeals are in any way inadequate.

The determination procedures relating to the Dublin Convention are set out in accordance with section 22 of the Refugee Act and the Dublin Convention (Implementation) Order 1997. Section 22 (4)(b) of the Refugee Act, provides for the appointment of an officer, under the Dublin Convention, to consider an appeal against a decision to transfer an application for asylum to a convention country. I have appointed an independent appeals officer, a lawyer with seven years legal experience for this purpose.

The criteria for determining which member state should take responsibility for dealing with an application include such factors as whether the applicant has been issued with a residence permit or a visa by a member state, whether a close relative has already been granted refugee status or whether the person has already spent time – leg ally or illegally – in a member state where there was an opportunity to apply for asylum there.

In relation to a review of the procedures, the Deputy will be aware that I indicated to the House during the Second Stage debate on the Immigration Bill that I will bring forward amendments to the Refugee Act to make it workable. These amendments were published today.

The proposed amendments to the Refugee Act, 1996, provide that the refugee applications commissioner will have the function of determining whether an application should be transferred under the Dublin Convention to another convention country and that the function of deciding appeals will now fall to the refugee appeals tribunal. The refugee appeals tribunal which will sit in divisions of single persons will replace the five person refugee appeal board currently provided for in the Act.