Section 4(2) of the European Communities (Eligibility for Protection) Regulations — Statutory Instrument No. 518 of 2006 essentially relates to my discretion to accept and consider an application for Subsidiary Protection from persons, who do not have an automatic right to apply for Subsidiary Protection (i.e. are persons for whom Deportation Orders were signed before the coming into force of the Regulations on 10 October, 2006). In such cases, I may exercise discretion pursuant to Regulation 4(2) of the European Communities (Eligibility for Protection) Regulations, 2006 S.I. No. 518 to accept and consider an application for Subsidiary Protection where an individual has identified new facts or circumstances which demonstrate a change of position from that which pertained at the time the Deportation Order was made.
The average waiting time for the processing of such applications is four to six weeks, which due to the complexity of the issues involved in each individual application is considered to be reasonable. The Deputy can be assured that strenuous efforts have been and continue to be made to ensure that applications in respect of this matter are processed as promptly as possible. Additional staff have been deployed to the area and considerable investment has been made in the development of technology required to support the processing of such applications.
The Deputy might wish to note that statistical records of the number of Section 4(2) applications on hand on a monthly basis are not available. However, I can give a breakdown on the number of decisions made on such applications. The table sets them out.
|
Month
|
Section 4(2) applications approved
|
Section 4(2) applications rejected
|
|
2008
|
|
|
|
June
|
0
|
0
|
|
July
|
0
|
0
|
|
August
|
1
|
1
|
|
September
|
1
|
3
|
|
October
|
2
|
10
|
|
November
|
1
|
1
|
|
December
|
4
|
11
|
|
2009
|
|
|
|
January
|
2
|
6
|
|
February
|
0
|
2
|
|
March
|
1
|
2
|
|
April
|
5
|
9
|
|
May
|
5
|
5
|
|
Total
|
22
|
50
|
