Written Answers. - Asylum Applications.
Joe Costello
Question:
377
Mr. Costello
asked the
Minister for Justice, Equality and Law Reform
the monthly figures for each of the previous 12 months in respect of (i) asylum applications made at places of entry into the State and elsewhere in the State; (ii) asylum applicants with whom contact was lost; (iii) asylum applications determined at first instance, in favour of and against the application; (iv) asylum applications submitted to appeal; (v) appeals determined in favour of and against the appellant; (vi) appeals determined on a written basis and on an oral basis; (vii) applications made for leave to apply for judicial review in respect of asylum decisions; the number of cases in which leave to apply was granted; the number of cases either decided in favour of the applicant or settled or withdrawn on terms favourable to the applicant; (viii) decisions made to deport an unsuccessful asylum applicant, notified to the applicants; (ix) voluntary or assisted departures from the State of unsuccessful asylum applicants; (x) deportations of unsuccessful asylum applicants; (xi) new, current and closed files on the books of the refugee legal service; the number of parents of Irish born children, known to his Department, (i) falling within items (i) to (x); (ii) who originally applied for asylum and subsequently applied for leave to remain on the basis of the citizenship status of their children; (iii) who have been notified that steps may be taken against them to deport them; (iv) who have applied for leave to remain in the State on humanitarian grounds, including the number of decisions made in favour of and against such applications; (v) who have been notified of a final intention to deport them from the State; (vi) who have been deported from the State; the number of asylum applicants permitted to work; the number of cases on hand in his Department, broken down by reference to the stage in the application process, including judicial reviews; the length of time since the asylum application was first made; and if he will make a statement on the matter.
[29656/03]
In so far as statistics are available and having regard to the fact that in some instances the collation of the information requested by the Deputy would be greatly disproportionate in terms of time and resources required to provide it, the information requested by the Deputy is as follows:
Tabular Statement
(i) Monthly statistics from November 2002 to October 2003 in respect of asylum applications made at the Office of the Refugee Applications Commissioner and places of entry into the State:
|
Month
|
At point of entry into the State
|
At ORAC
|
Total
|
|
November 2002
|
157
|
827
|
984
|
|
December 2002
|
154
|
936
|
1,090
|
|
January 2003
|
168
|
811
|
979
|
|
February 2003
|
131
|
816
|
947
|
|
March 2003
|
123
|
769
|
892
|
|
April 2003
|
126
|
541
|
667
|
|
May 2003
|
90
|
514
|
604
|
|
June 2003
|
107
|
554
|
661
|
|
July 2003
|
88
|
558
|
646
|
|
August 2003
|
75
|
580
|
655
|
|
September 2003
|
91
|
520
|
611
|
|
October 2003
|
65
|
431
|
496
|
(ii) Monthly statistics from November 2002 to October 2003 in respect of asylum applicants with whom contact was lost; it should be noted that contact was ‘lost' with the applicants concerned due to non-co-operation on the part of those applicants:
|
Month
|
ORAC*
|
RAT**
|
|
November 2002
|
40
|
38
|
|
December 2002
|
97
|
21
|
|
January 2003
|
41
|
15
|
|
February 2003
|
11
|
39
|
|
March 2003
|
29
|
21
|
|
April 2003
|
37
|
14
|
|
May 2003
|
72
|
7
|
|
June 2003
|
3
|
14
|
|
July 2003
|
13
|
15
|
|
August 2003
|
22
|
12
|
|
September 2003
|
0
|
30
|
|
October 2003
|
0
|
18
|
|
Total
|
365
|
244
|
*Almost all the 365 cases in the ORAC are cases in which the applicant failed to provide an address to the commissioner.
**These figures represents the number of negative decisions taken on the basis of the applicants who did not attend for a scheduled hearing without reasonable cause and who did not demonstrate within three working days to the tribunal reasonable cause for not attending.
(iii) Monthly statistics from November 2002 to October 2003 in respect of asylum applications determined at first instance, in favour and against the application:
|
Month
|
In favour
|
Against
|
|
November 2002
|
73
|
577
|
|
December 2002
|
32
|
341
|
|
January 2003
|
38
|
524
|
|
February 2003
|
33
|
540
|
|
March 2003
|
21
|
646
|
|
April 2003
|
33
|
481
|
|
Month
|
In favour
|
Against
|
|
May 2003
|
32
|
577
|
|
June 2003
|
25
|
516
|
|
July 2003
|
36
|
617
|
|
August 2003
|
33
|
460
|
|
September 2003
|
25
|
543
|
|
October 2003
|
28
|
631
|
|
Total
|
409
|
6,448
|
(iv), (v) & (vi) Monthly statistics from November 2002 to October 2003 in respect of asylum applications submitted to appeal; appeals determined in favour of and against the appellant; appeals determined on a written basis and on an oral basis:
Total appeals and decisions by appeals type
|
Month
|
Applications
|
Set-asideSubstantive
|
DC**set-aside
|
MU**set-aside
|
Affirmed*substantive
|
DC**affirmed
|
MU**affirmed
|
|
November 2002
|
550
|
98
|
–
|
7
|
351
|
7
|
8
|
|
December 2002
|
247
|
66
|
1
|
1
|
231
|
11
|
1
|
|
January 2003
|
172
|
80
|
2
|
3
|
321
|
19
|
2
|
|
February 2003
|
258
|
107
|
–
|
1
|
341
|
5
|
4
|
|
March 2003
|
635
|
62
|
–
|
1
|
281
|
12
|
6
|
|
April 2003
|
637
|
66
|
–
|
–
|
300
|
13
|
11
|
|
May 2003
|
505
|
75
|
–
|
2
|
254
|
18
|
14
|
|
June 2003
|
376
|
44
|
–
|
2
|
316
|
5
|
19
|
|
July 2003
|
535
|
48
|
–
|
2
|
373
|
6
|
14
|
|
August 2003
|
381
|
61
|
–
|
6
|
247
|
6
|
21
|
|
September 2003
|
534
|
91
|
–
|
5
|
327
|
3
|
13
|
|
October 2003
|
489
|
66
|
–
|
3
|
352
|
8
|
8
|
|
Total
|
5,319
|
864
|
3
|
33
|
3,694
|
113
|
121
|
*Substantive cases are determined on an oral basis.
**Dublin convention and manifestly unfounded cases are determined on a written basis and are remitted to ORAC for further consideration.
(vii) Monthly statistics from November 2002 to October 2003 in respect of applications made for leave to apply for judicial review in respect of asylum decisions; the number of cases in which leave to apply was granted; the number of cases either decided in favour of the applicant or settled or withdrawn on terms favourable to the applicant:
|
Judicial Review in respect of asylum decisions
|
31/10/02-31/10/03
|
|
Applications made for leave to apply for judicial review
|
170
|
|
Granted leave to apply
|
27
|
|
Cases decided in favour of applicant
|
47
|
(viii) Monthly statistics from November 2002 to October 2003 in respect of decisions made to deport an unsuccessful asylum applicant, notified to the applicants:
The Minister may make a deportation order in respect of nine categories of persons as provided for in the section 3(2) of the Immigration Act 1999, as amended. Separate statistics are not kept in respect of these individual categories that distinguish between persons refused refugee status in the State and other categories of persons being deported. However, the vast majority of deportation orders made are in respect of asylum seekers refused refugee status.
The number of deportation orders made in respect of all categories during the period in question was:
|
November 2002
|
72
|
|
December 2002
|
147
|
|
January 2003
|
154
|
|
February 2003
|
60
|
|
March 2003
|
148
|
|
April 2003
|
179
|
|
May 2003
|
82
|
|
June 2003
|
93
|
|
July 2003
|
296
|
|
August 2003
|
399
|
|
September 2003
|
356
|
|
October 2003
|
44
|
|
Total
|
2,030
|
All of the above decisions were notified to the applicants as per section 6 of the Immigration Act 1999.
(ix) Monthly statistics from November 2002 to October 2003 in respect of voluntary or assisted departures from the State of unsuccessful asylum applicants:
Separate statistics are not kept in respect of individual categories that distinguish between persons refused refugee status and other categories or persons returning voluntarily. However, the vast majority of voluntary returns from the State are in respect of persons claiming refugee status, who withdraw their asylum applications before a final decision is reached or persons whose asylum applications were refused and notified of the Minister's intention to deport them.
The number of voluntary returns effected:
|
November 2002
|
44
|
|
December 2002
|
64
|
|
January 2003
|
50
|
|
February 2003
|
26
|
|
March 2003
|
30
|
|
April 2003
|
65
|
|
May 2003
|
84
|
|
June 2003
|
62
|
|
July 2003
|
67
|
|
August 2003
|
76
|
|
September 2003
|
92
|
|
October 2003
|
83
|
|
Total
|
743
|
(x) Monthly statistics from November 2002 to October 2003 in respect of deportations of unsuccessful asylum applicants:
Separate statistics are not kept in respect of individual categories that distinguish between persons refused refugee status in the State and other categories of persons being deported. The number of deportations effected during the period in question was:
|
November 2002
|
26
|
|
December 2002
|
27
|
|
January 2003
|
54
|
|
February 2003
|
50
|
|
March 2003
|
42
|
|
April 2003
|
27
|
|
May 2003
|
49
|
|
June 2003
|
35
|
|
July 2003
|
55
|
|
August 2003
|
46
|
|
September 2003
|
39
|
|
October 2003
|
66
|
|
Total
|
516
|
(xi) Monthly statistics from November 2002 to October 2003 in respect of new, current and closed files in the refugee legal service:
|
Month
|
NewFiles
|
CurrentFiles
|
ClosedFiles
|
|
November 2002
|
519
|
12,117
|
1,087
|
|
December 2002
|
288
|
11,757
|
648
|
|
January 2003
|
486
|
12,109
|
134
|
|
February 2003
|
580
|
12,479
|
210
|
|
March 2003
|
645
|
13,074
|
50
|
|
April 2003
|
521
|
13,329
|
266
|
|
May 2003
|
458
|
13,448
|
339
|
|
June 2003
|
414
|
13,699
|
163
|
|
July 2003
|
613
|
14,176
|
136
|
|
August 2003
|
369
|
14,328
|
217
|
|
September 2003
|
491
|
14,708
|
111
|
|
October 2003
|
388
|
14,217
|
879
|
Irish Born Children Statistics etc.
(i) The number of applications from parents of Irish born children made to my Department, current or former asylum seekers is approximately 17,815, includes those granted leave to remain and applications on hands as at 19 February 2003.
(ii) Monthly statistics from November 2002 to October 2003 in respect of applications from parents of Irish born children who originally applied for asylum and subsequently applied for leave to remain:
|
November 2002
|
517
|
|
December 2002
|
406
|
|
January 2003
|
721
|
|
February 2003
|
261
|
|
March 2003
|
0
|
|
April 2003
|
0
|
|
May 2003
|
0
|
|
June 2003
|
0
|
|
July 2003
|
0
|
|
August 2003
|
0
|
|
September 2003
|
0
|
|
October 2003
|
0
|
|
Total
|
1,905
|
(iii) Monthly statistics from November 2002 to October 2003 in respect of parents of Irish born children who have been notified that steps may be taken against them to deport them – current and former asylum seekers:
Separate monthly statistics are not available. However a total of 24 notification letters issued since 18 July 2003 under section 3(3) of the Immigration Act 1999, as amended, to parents of Irish born children who are current or former asylum seekers and who had withdrawn their asylum claims.
(iv) Monthly statistics from November 2002 to October 2003 in respect of parents of Irish born children who have applied for leave to remain in the State on humanitarian grounds:
A figure of 171 representations have been received from the total number of section 3(3) notification letters issued – 353 – by the immigration division of the Department. However, there is no breakdown between asylum and non-asylum representations received.
(v) Monthly statistics from November 2002 to October 2003 in respect of parents of Irish born children who have been notified of a final intention to deport them from the State; to date the Minister has signed deportation orders in respect of seven families, who are the parents of Irish born children.
(vi) Monthly statistics from November 2002 to October 2003 in respect of parents of Irish born children who have been deported from the State; two parents of Irish born children have been deported to date.
Asylum applicants and access to work; no asylum applicant was granted permission to work in the State during the period in question. Persons claiming asylum in the State are not permitted to work pursuant to section 9(4)(b) of the Refugee Act 1996.
Cases on hands, ORAC and RAT, as at 31 October 2003 there were 4,967 applications on hand in the ORAC and 2,866 appeals on hand in the RAT of which 2,600 are over six months old, the vast majority of which are at an advanced stage of processing.
