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Dáil Éireann debate -
Thursday, 5 Oct 2000

Vol. 523 No. 3

Written Answers. - Asylum Applications.

Alan Shatter

Question:

127 Mr. Shatter asked the Minister for Justice, Equality and Law Reform the current number of applications for asylum outstanding; the number of applications for asylum granted in each of the past three years and in this year to date; the number of persons whose application for asylum was originally refused but subsequently granted on appeal; the number of applications refused presently awaiting appeal; the number of persons whose application has been refused both at the first instance and on appeal who have been allowed to remain for humanitarian reasons; and the numbers of persons whose applications have been refused and who have to date been served with deportation notices. [20768/00]

My Department's records indicate that the total number of asylum applicants awaiting a final determination on their asylum applications as at 31 August 2000 is 12,875. I should explain that this figure takes account of all applications made up to that date.

The information requested by the Deputy in relation to decisions is set out in the following tabular statement.

Year

31/08/00

1999

1998

1997

Nos. Granted @ 1st Instance

127

160

128

209

Nos. Refused @ 1st Instanceof which(a) deemed abandoned*(b) substantive refusal(c) manifestly unfounded

3,6877261,5631,398

4,7371,6222,982133

1,20221,096104

304–––

Year

31/08/00

1999

1998

1997

Nos. Granted @ Appeal

228

351

40

4

Nos. Refused @ Appeal

(a) substantive(b) manifestly unfounded

468404

63122

20712

1–

It should be noted that all the above figures relating to decisions refer to the year in which the decision was made and NOT to the year in which the application was lodged.
There are a total number of 2964 applications in the process of being finalised at appeal stage. There are 1696 applications awaiting an appeal hearing.
*It should be noted that deemed abandoned applicants are not afforded the opportunity to appeal the decision to an independent appeals authority. They are notified of the intention to abandon the application and are given 14 days to give reasons why the application should not be abandoned. Once an application for asylum has been deemed abandoned the applicant is given 15 days to make written representations as to why they should be allowed remain in the State. It should also be noted that prior to October 1998, 452 applications for asylum were deemed abandoned in that year but were not recorded as decisions – they were treated as withdrawals at that point in time.
The number of persons who were refused at first instance and/or following appeal and who were granted temporary leave to remain on humanitarian grounds in the years 1997 to 1999 are as follows:

1997

1998

1999

2000(to 31/8/00)

No. of persons granted temporary leave to remain onhumanitarian grounds**

120

27

39

12

**These figures do not include persons granted leave to remain on other grounds such as Irish born children and marriage to an Irish national
Section 3 of the Immigration Act, 1999, as amended by the Illegal Immigrants (Trafficking) Act, 2000, provides that I may make a deportation order in respect of a person who falls into one or more of nine categories listed at section 3(2), including where an application for asylum has been refused. Where I propose to make a deportation order in respect of a person, I must notify that person in writing of such a proposal and the person has 15 working days to either leave the State voluntarily, consent to be deported or make representations in writing as to why he-she should not be deported.
Since deportations commenced under the Immigration Act, 1999, I have made a total of 688 deportation orders of which 629 were in respect of failed asylum seekers. The following is the breakdown in respect of those 629 cases: four such persons were deported in 1999 and a further 60 have been deported in the year 2000 to date. In addition, a further five failed asylum seekers left the State before the deportation orders could be enforced.
The following is the position in relation to the remainder of such persons: 113 evaded deportation orders; 167 were not at their last known address for the purposes of service; 88 persons have been granted leave to seek judicial review by the courts. Arrangements are being put in place in respect of another 59 persons. Some 123 persons will have to have their returns negotiated with the authorities in their countries of origin. Deportation orders in respect of the remaining ten persons are being, or have been, revoked, primarily on the advice of the Attorney General.
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