Dáil Éireann debate -
Tuesday, 1 May 2001

Vol. 535 No. 1

Written Answers - Asylum Applications.

Alan Shatter

Question:

502 Mr. Shatter asked the Minister for Justice, Equality and Law Reform the number of asylum applicants awaiting a decision on their applications who are Nigerian nationals; the number of applications for asylum made to date by Nigerian applicants that were granted; the number refused; the number under appeal following refusal; and the number of Nigerian applicants who have been deported following the refusal of an application for asylum. [11450/01]

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

The information sought by the Deputy is set out in the following tabular statement:

Asylum applications from Nigerian Nationals

(Position as at 20 April 2001)

Applicants awaiting a decision	4,110
Granted status since 1995	45
Refused status since 1995	3,213
Number under appeal (on hands)	893
Deported	9

A large number of persons fall out of the asylum process for various reasons including those applicants who, on refusal of status, leave the jurisdiction. Approximately 4,000 persons dropped out of the direct provision arrangements in the last year. It is reasonable to conclude that many of these left the jurisdiction also. In addition, a significant proportion of the persons refused status would have been granted permission to remain on other grounds, for example, on the basis of parentage of Irish citizens.

The figure in relation to the number refused status includes approximately 850 cases which were deemed abandoned prior to the implementation in full of the Refugee Act, 1996, as amended, in November 2000 for various reasons, including where applicants did not respond to correspondence.

In relation to deportations, 12 Nigerians of whom the Department is aware have returned home voluntarily, 186 have evaded deportation orders and 79 have been granted leave to seek judicial review of the Minister's decision to make a deportation order. One further Nigerian left the State before a deportation order could be enforced.

It is also my intention to sign, as soon as the necessary arrangements are in place, an agreement on immigration matters between Ireland and Nigeria, which was approved by the Government on 27 March 2001. This agreement provides,inter alia, for a structured repatriation procedure for the readmission to the state of one contracting party of nationals of that state who are residing in the state of the other contracting party without authorisation.

Alan Shatter

Question:

503 Mr. Shatter asked the Minister for Justice, Equality and Law Reform the details of the agreement concluded between the Government and Nigeria concerning the return of Nigerian asylum applicants to Nigeria; if it is the Government's view that no Nigerian national who seeks asylum here should be granted asylum; and the reasons for the approach by the Government to such asylum applicants. [11451/01]

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

The agreement on immigration matters between Ireland and Nigeria, which was approved by the Government at its meeting on 27 March 2001, and which it is my intention to sign as soon as the necessary arrangements are in place, provides, inter alia, for a structured repatriation procedure for the readmission to the state of one contracting party of nationals of that state who are residing in the state of the other contracting party without authorisation.

The agreement sets out the basis on which the nationality of a person to be readmitted can be proved to the mutual satisfaction of the contracting parties and contains time limits within which responses to requests for readmission must be made and processed. The agreement also contains provisions relating to, inter alia, data protection, dispute resolution and sets out the basis on which the agreement will come into effect and can be terminated.

The agreement also provides for the strengthening of co-operation between both states in the area of technical assistance on immigration and consular matters; the continuation of the State's significant programme of co-operation with Nigeria under the aegis of Ireland Aid focusing on basic needs and poverty reduction; and, within the limits of the existing resources, there is a commitment to consider enhancing this programme including in areas such as skills acquisition and training.

The agreement also makes provision for the establishment of a high-level co-ordinating committee to oversee its implementation which will result in the enhancement of co-operation between both states in the area of legal immigration through, for example, the carrying out of an examination of ways in which increased opportunities for legal access to the Irish labour market can be developed.

As this is an international agreement which will involve a charge upon public funds, its terms must, under Article 29.5.2 of the Constitution, be approved by Dáil Éireann in order for it to be binding on the State. Provision is made in the agreement that it will not come into force until Ireland and Nigeria notify each other of completion of domestic procedures required for its entry into force. The necessary resolution will be tabled in the Dáil by the Minister for Justice, Equality and Law Reform.

All applications for asylum in the State are processed in accordance with the provisions of the Refugee Act, 1996, as amended, and, in particular, having due regard to the definition of a "refugee" in section 2 of that Act which is defined as "a person 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 or her nationality and is unable or, owing to such fear, is unwilling to avail himself or herself of the protection of that country; or who, not having a nationality and being outside the country of his or her former habitual residence, is unable or, owing to such fear is unwilling to return to it". Section 1 of the Refugee Act, 1996, as amended, defines "membership of a particular social group" to include "membership of a trade union and also includes membership of a group of persons whose defining characteristic is their belonging to the female or the male sex or having a particular sexual orientation".

The Deputy will be aware that following the full commencement of the Refugee Act, 1996, as amended by the Immigration Act, 1999, and the Illegal Immigrants (Trafficking) Act, 2000, on 20 November 2000, two independent statutory offices were established to consider applications/appeals for refugee status. These two offices are the Office of the Refugee Applications Commissioner, which considers applications for a declaration as a refugee at first instance and the Refugee Appeals Tribunal which considers applications for a declaration at appeal stage.

Decisions on asylum applications are made by the Minister for Justice, Equality and Law Reform upon receipt of the recommendation/ decision of the Refugee Applications Commissioner or the Refugee Appeals Tribunal, as appropriate, on whether such status should be granted.