Dáil Éireann Debate, Tuesday - 1 July 2014
406. Deputy Róisín Shortall asked the Minister for Justice and Equality if she will provide a breakdown of the number of persons since 2000 who have been and are currently in direct provision centres; the number of applications for asylum processed each year to date; and if she will provide a breakdown, by number of years, of the time spent by residents in direct provision centres before their applications are processed. [28108/14]
View answer422. Deputy Denis Naughten asked the Minister for Justice and Equality the number of persons in the direct provision system for less than six months; between six and 12 months; in excess of one, two, three, four, five, six and seven years, respectively; the corresponding figures for children; the specific steps being taken to address the delays in processing immigration applications involving persons in direct provision; and if she will make a statement on the matter. [28179/14]
View answerI propose to take Questions Nos. 406 and 422 together.
The direct provision system is managed by the Reception and Integration Agency, RIA, of my Department. Its function is to provide accommodation and related services to those who have sought international protection and who have no means of supporting themselves otherwise. More than 53,000 such persons have availed of RIA's services to date.
As at 8 June 2014, there were 4,353 persons availing of direct provision accommodation and supports in 34 accommodation centres across 16 counties. The numbers of asylum seekers residing in direct provision has reduced significantly since the end of December 2008, since when the number of persons being accommodated by RIA had declined by 38%.
Details as to the length of time spent by residents in the direct provision system as at the end of December, 2013 are shown on the 2013 RIA Annual Report published on its website - www.ria.gov.ie. This shows that by the end of 2013, 68.2 % of RIA residents had first claimed international protection in Ireland three or more years previously.
In essence, RIA accommodates all those who make a claim for international protection and who seek accommodation until such time as they leave voluntarily; are removed - either by way of deportation or Dublin II transfer; are granted refugee status or subsidiary protection; or are granted leave to remain, either through the process set out in the Immigration Act, 1999 or are granted permission to remain in the State on some other basis. There is therefore no immediate year on year connection between the numbers residing in direct provision accommodation centres and the number of asylum applications processed. Nonetheless, details of the yearly processing of asylum claims by the Office of the Refugee Applications Commissioner are available on its Annual Reports published on its website - www.orac.ie.
The median processing time to a final decision on an asylum application in 2013 was 36 weeks. 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 other relevant statutory provisions. High quality and fair decision-making in all cases continues to be a key priority at all stages of the asylum process.
Persons who are refused refugee status are notified of their entitlement to apply for subsidiary protection. This is separate to the asylum or refugee status determination process. This is invariably followed by the so-called leave to remain process. Each of these processes which determine whether an applicant can remain in the State are hugely complex and subject to oversight by the courts and have to be examined in accordance with a large body of Irish and international law. There are no shortcuts as the outcomes can lead to the most fundamental life-changing event for the applicants.
As the Deputy may be aware my predecessor made new regulations last year governing the investigation and determination of applications for subsidiary protection in the State. The European Union (Subsidiary Protection) Regulations 2013, which came into effect on 14 November 2013, were made to address certain matters which arose from the judgment of the High Court in January 2013 in the MM case.
Under the new Regulations, responsibility for the processing of applications for subsidiary protection was transferred from my Department to the Office of the Refugee Applications Commissioner with appeals to be dealt with by the Refugee Appeals Tribunal. Both of these bodies are independent in the exercise of their statutory functions and they have substantial experience in the area of asylum investigations and appeals, respectively. My aim is for applications currently on hand to be processed to finality by the statutory bodies concerned in the shortest possible timeframe consistent with quality and fair assessment of all cases and of course, subject to the cooperation of applicants and no further legal impediments arising.
More generally, I acknowledge that the length of time that residents spend in Direct Provision is an issue to be addressed. My immediate priority is that the factors which lead to delays in the processing of cases are dealt with. In this regard, legislative reform aimed at establishing a single application procedure for the investigation of all grounds for protection is a key priority for this Government. Such reform would substantially simplify and streamline the existing arrangements by removing the current multi-layered and sequential processes and provide applicants with a final decision on their application in a more straightforward and timely fashion. In consultation with my officials, I am reviewing the work done to date in respect of the Immigration, Residence and Protection Bill and will then decide on how best to progress the implementation of the Government's priorities, in particular to expedite those relating to the establishment of a single application procedure.
