Dáil Éireann Debate, Tuesday - 21 March 2023
1049. Deputy Matt Shanahan asked the Minister for Justice the number of asylum seekers given leave to remain and the number of family members awarded joint family visas in the past two years; and if he will make a statement on the matter. [12362/23]
View answer1050. Deputy Matt Shanahan asked the Minister for Justice the number of asylum applicants refused leave to remain in the past two years; their country of origin, in tabular form; and if he will make a statement on the matter. [12363/23]
View answerI propose to take Questions Nos. 1049 and 1050 together.
Since the International Protection Act 2015 commenced on 31 December 2016, the International Protection Office of my Department has carried out the function of considering permission to remain (under section 49 of the 2015 Act), in respect of those applicants who have been refused international protection (refugee status or subsidiary protection) at first instance.
In the permission to remain element of the process, each case is given a detailed consideration on its individual merits under all of the prescribed headings. This includes a full consideration of their private and family rights in accordance with the European Convention on Human Rights, humanitarian factors, as well as consideration of a person’s work situation, among other issues, before a decision is taken to grant or to refuse permission to remain.
All applicants refused international protection have a right to appeal to the International Protection Appeals Tribunal (IPAT) who must consider if the earlier International Protection Office (IPO) determinations on refugee status and subsidiary protection should be affirmed or set aside.
Where the IPAT upholds the IPO recommendation to refuse international protection, and if permission to remain has also been refused by the IPO, the applicant can make submissions for consideration as part of a formal permission to remain review by my Department.
This review is in place to provide for situations where an applicant’s circumstances may have changed in a material way since the initial decision was made to refuse permission to remain. Any decision taken to grant permission to remain under the review mechanism can only be made once the international protection appeal has been refused by the IPAT.
The statistical information sought by the Deputy in relation to international protection applicants and leave to remain is set out in Tables 1 and 2 attached.
Family reunification under Section 56 of the international Protection Act 2015 is open to any individual for whom a refugee or subsidiary protection declaration is in force.
Information regarding family reunification applications granted under International Protection Act 2015 is set out in Table 3 attached.
Where an applicant does not qualify under Section 56 of the 2015 Act, an alternative avenue for family reunification is available under my Department's Policy Document on Non-EEA Family Reunification.
