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International Protection

Dáil Éireann Debate, Thursday - 18 January 2024

Thursday, 18 January 2024

Questions (264)

Bernard Durkan

Question:

264. Deputy Bernard J. Durkan asked the Minister for Justice to indicate, further to Parliamentary Question No. 275 of 20 December 2023 in the case of a person (details supplied), wherein it was indicated that a reply was not warranted in her case in order to maintain confidentiality, if the question can be answered on the basis that is there is no potential breach of confidentiality given the use of appropriate reference numbers and the danger of creating a secrecy around her application, the inevitability of no traceability and no information is given to a Dáil Deputy that her case may be dealt with in a fashion not in accordance with appropriate oversight; and if she will make a statement on the matter. [2311/24]

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Written answers

My Department is unable to publish any information that would identify any person as being an international protection applicant. This is a separate matter to the law dealing with data protection matters more generally. 

My officials and I are legally obliged, under Section 26 of the International Protection Act 2015, to ensure that the identity of any person who applies for international protection is kept confidential. Section 26(1) sets out that:

 “the Minister and the Tribunal and their respective officers shall take all practicable steps to ensure that the identity of applicants is kept confidential”.

It is, therefore, an offence under law (punishable upon conviction by a Class A fine or up to 12 months in prison or both) that any official in my Department or I would give any indication as to a person's status as an international protection applicant and thus breach their right to confidentiality. 

As I am sure you will appreciate, these confidentiality requirements are especially important for an asylum-seeker, whose claim inherently supposes a fear of persecution by the authorities of their home country and whose situation, or that of their family or friends still living in the country from which they have sought protection, can be jeopardised if the protection of their personal information is not ensured.

Therefore, as I set out in my response to your Parliamentary Question No. 798 of 07 November 2023 and No. 275 of 07 December 2023, if an application for international protection has been made in the State, it is not the practice to comment on such applications. The applicant or their designated legal advisor can contact the International Protection Office (IPO) or the International Protection Appeals Tribunal (IPAT) directly, as appropriate, for an update on the status of their application.  

The Chief International Protection Officer and his International Protection Officers are independent by law in the exercise of their international protection functions. They are also bound by confidentiality provisions in respect of applicants as set out in the 2015 Act. As a result, they may only correspond with the applicant or their legal representative in the processing of their application. 

I hope this helps to clarify the situation and to allay any concerns you may have regarding previous responses to your Parliamentary Questions.  

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