Dáil Éireann Debate, Tuesday - 21 February 2012
516 Deputy Ciara Conway asked the Minister for Justice and Equality the timeframe for dealing with applications for those seeking refugee status; if the proposed guideline of six months is being adhered to; if he will provide a breakdown of applications being processed over the past 12 months in tabular form; and if he will make a statement on the matter. [9525/12]
View answerApplications for refugee status in the State are determined by an independent process comprising the Office of the Refugee plications Commissioner (ORAC) and the Refugee peals Tribunal (RAT) both of which make recommendations to the Minister for Justice and Equality on whether such status should be granted. I presume that the "six month" guideline mentioned by the Deputy refers to the requirement on the ORAC to provide information to applicants on the estimated time within which a recommendation on their application will be made, in circumstances where a determination cannot be made within six months.
During 2011, the median processing time for asylum applications by the ORAC was approximately 6 weeks in the case of prioritised applications, and 12 weeks in the case of non-prioritised applications. 1,290 new applications for refugee status were received in the ORAC in 2011 with 1,447 determinations made. The median processing times for appeals dealt with by the RAT in 2011 was approximately 22 weeks in the case of substantive appeals (cases involving an oral hearing) and 5 weeks in the case of accelerated appeals (appeals dealt with on the papers). During 2011, 1,106 new appeals were received in the RAT with 1,330 decisions made.
I should point out that some cases can take significantly longer to complete due to, for example, delays arising from medical issues, or because of judicial review proceedings. All asylum applications and appeals are processed in accordance with the Refugee Act 1996 and high quality and fair decision-making in all cases continues to be a key priority at all stages of the asylum process. For the sake of completeness, I should also state that persons who are refused a declaration under Section 17 of the Refugee Act 1996 (as amended) enter what is commonly referred to as the "leave to remain" process which generally has two elements to it; an application for subsidiary protection and further consideration to be given under Section 3 of the Immigration Act 1999 (as amended). This is separate to the asylum or refugee status determination process.
The processing of cases at this point is also complex and extremely resource intensive given that where an application for subsidiary protection is lodged in addition to representations for consideration under Section 3 of the Immigration Act 1999 (as amended), the subsidiary protection application must be considered first to assess whether the applicant has an identifiable need for international protection. Where such an application is refused, consideration must then be given to the case in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), at which point the Minister must make a decision whether or not to make a deportation order in respect of the person. All of this must be done in strict compliance with the Constitution, together with relevant international law including the European Convention on Human Rights.
