I presume the Deputy's question refers to the arrangements which I announced on 24 January 2005 and which came into operation on 25 January 2005, for the speedier processing of asylum applications in respect of nationals of five states which are the subject of prioritisation orders made by me under section 12 of the Refugee Act 1996, as inserted by the Immigration Act 2003. The new arrangements also provide for the speedier processing of deportation orders for those applicants who are found not to be in need of refugee protection and have no other protection or humanitarian needs.
The countries in question are Nigeria, Romania, Bulgaria, Croatia and South Africa. All of these countries, except Nigeria, have previously been designated by me by order under section 12(4)(a) of the 1996 Act as safe countries of origin. The designation criteria set out in section 12(4)(b) of the 1996 Act require the Minister to have regard to a number of factors including whether a country is a party to specified international conventions such as the UN Convention against Torture, has a democratic political system and is governed by the rule of law.
The new arrangements for processing prioritised asylum applications include faster processing at first instance in the Office of the Refugee Applications Commissioner, with processing time-scales reduced from the current period of six weeks to around three weeks; faster appeal determinations with processing times reduced in the Refugee Appeals Tribunal from an average of five weeks to three weeks; full access to legal services will continue to be provided within the accelerated process by the refugee legal service; dedicated accommodation centres for applicants while their asylum claims are being processed. These centres are part of the normal direct provision system operated by the Reception and Integration Agency; applicants will be subject to residency and daily reporting requirements which will be imposed at the time of application, as provided for in section 9(5)(a) of the 1996 Act. Section 9(7) of the 1996 Act provides statutory penalties for a person who contravenes these obligations; non-cooperation with the investigation of an asylum application will continue to have the potential to result in a refusal of the application for refugee status. Under section 11C of the 1996 Act, all applicants are under a duty to co-operate in pursuing their asylum applications. Failure to so co-operate or to meet reporting or residence requirements can, inter alia, under sections 11(11) and 17(1)(a) of the 1996 Act, result in an application being deemed to be withdrawn and the issue of a negative decision; persons in the deportation process to whom the new arrangements apply will also have statutory obligations imposed on them to reside at particular locations and to report to immigration officers. Failure to comply with these obligations is an arrestable offence.
On average, 94% of asylum applications from the five countries covered by the new streamlined arrangements which were determined during 2004 were found not to meet the refugee definition contained in section 2 of the 1996 Act. As part of the refugee investigation process each case is considered on its merits and all applicants are afforded the opportunity at interview to explain fully why they fear returning to their country of origin. Following each interview, an assessment is made of the core elements relating to the case, taking into account, inter alia, relevant country of origin information and the criteria for recognition as a refugee as set out in the 1996 Act. The assessment carried out includes determining whether an applicant has a well founded fear of persecution, whether the persecution relates to a convention reason, whether the applicant is unable or unwilling to return to his or her own country, what internal protection alternative, if any, might be available within his or her own country, as well as credibility issues. Statistics relating to the reasons for refusing applications from the specific countries referred to in the Deputy’s question are not available.
As part of the investigation process in ORAC, applicants for asylum will be interviewed by authorised officers. All such authorised officers or caseworkers have attended training programmes in respect of interviews, assessments, decision making, asylum procedures and appeals, in line with international best practice. These programmes have been devised in consultation with the UNHCR. I am not aware of any views expressed by the Human Rights Commission on the new processing arrangements. It is in the best interests of all asylum applicants, particularly those with genuine protection needs, that their claims should be determined speedily and fairly. The legislative changes which I introduced in the Immigration Act 2003 have contributed significantly to a more streamlined asylum process and to more efficient processing of asylum applications. This has made it possible to introduce the new arrangements which I announced on 24 January last.
