While the percentage of applicants granted refugee status following appeal is approximately 30% on average, it should be noted that an overall percentage of 25% is more accurate when those who do not avail of the opportunity to appeal, those who withdraw from the process or those whose applications are abandoned are taken into account. At any rate, I do not consider the rate of successful applications on appeal to be unduly high.
An analysis of the situation indicates that a number of factors are at issue. For example, applicants can avail of State funded legal assistance and representation from the Refugee Legal Service, set up by the Legal Aid Board, at all stages of the asylum process. However, fewer than 10% of applicants avail of legal assistance to complete the applicant questionnaire, prepare for first stage interview and only a small proportion take up the opportunity to make a written submission within five days following the interview. By contrast almost all appeal applicants are represented at the appeal hearing. It is likely, therefore, that elements of many applications are presented for the first time at appeal stage. It would be preferable if all information was presented and legal advice was availed of at first stage so that this would reduce the need for some applicants to appeal and reduce the waiting time for genuine refugees to have their status established.
In this regard, my Department is currently examining, in conjunction with the UNHCR, the Legal Aid Board and non-governmental organisations, including Amnesty International and the Irish Refugee Council, appropriate mechanisms to increase the take up of legal services at the initial stages of the asylum process.
Views are expressed on the asylum process on a continuous basis by a range of persons and bodies; these are examined in my Department and taken into account in the development of policy, as appropriate. The Deputy will be aware that the appeals authorities are independent in their function of hearing appeals and making subsequent recommendations.