Written Answers Nos. 833-852
833. Deputy Pa Daly asked the Minister for Justice further to Parliamentary Question No 112 of 22 November 2023, what measures have been taken with regard to named recommendations of the Irish Travellers' Access to Justice Report, which her Department advised on (details supplied). [12159/24]
View answerI have contacted the Garda authorities for the information requested by the Deputy. Regrettably, this information was not available in time and I will write to the Deputy directly when it is to hand.
834. Deputy Bernard J. Durkan asked the Minister for Justice the current and/or expected position in regard to naturalisation in the case of a person (details supplied) in respect of citizenship; and if she will make a statement on the matter. [12160/24]
View answerThe naturalisation application from the person referred to by the Deputy continues to be processed by my Department.
It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. However, the nature of the naturalisation process is such that, for a broad range of reasons, some cases will take longer than others to process. In some instances, completing the necessary checks can take a considerable period of time.
I understand the extended wait times can be frustrating for applicants and my Department has been working hard to clear backlogs.
My Department is taking a number of steps to speed up the processing of applications and a number of digitisation measures have been introduced to increase efficiency in the process, including eVetting and online payments.
My Department has recently moved from paper to online based citizenship applications. This is one of a number of measures introduced in an effort to optimise the application process and enhance the overall customer service experience. As part of the new online process, customers are issued with an acknowledgment on submission of the online application. The forms provide a seamless application process and help guide applicants through what is required for an application.
In a little over two years the Citizenship Division of my Department has gone from processing around 12,000 applications a year to processing over 20,000 applications. This 66% increase in processing has been achieved through digitising and streamlining processes.
Finally, I can advise the Deputy that the Citizenship Division of my Department continues to communicate regularly with all applicants to keep them informed as to updates on processing times and arrangements.
Queries in relation to the status of individual immigration cases may be made directly to my Department by e-mail using the Oireachtas Mail facility at: IMoireachtasmail@justice.ie, which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Question process. The Deputy may consider using the e-mail service except in the cases where the response is, in the Deputy's view, inadequate or too long awaited.
835. Deputy Alan Kelly asked the Minister for Justice the number of unsuccessful applicants for protection under the International Protection Act 2015 who were deported/removed from the State in each of the years 2021, 2022 and 2023. [12168/24]
View answer836. Deputy Alan Kelly asked the Minister for Justice the amount the State spent on the removal of unsuccessful applicants for protection under the International Protection Act 2015 in each of the years 2021, 2022 and 2023. [12169/24]
View answer837. Deputy Alan Kelly asked the Minister for Justice the amount the State spent on commercial airline travel for the removal of unsuccessful applicants for protection under the International Protection Act 2015 in each of the years 2021, 2022 and 2023. [12170/24]
View answer838. Deputy Alan Kelly asked the Minister for Justice how many unsuccessful applicants for protection under the International Protection Act 2015 were given leave to remain or had their presence in the State otherwise regularised in each of the years 2021, 2022 and 2023. [12171/24]
View answer841. Deputy Alan Kelly asked the Minister for Justice how many unsuccessful applicants, after the ultimate conclusion of their protection applications, continued to enjoy access to the labour market in each of the years 2021, 2022 and 2023. [12174/24]
View answer890. Deputy Alan Kelly asked the Minister for Justice how many unsuccessful applicants for protection under the 2015 Act left Ireland in each of the years 2021, 2022 and 2023. [12379/24]
View answerI propose to take Questions Nos. 835 to 838, inclusive, 841 and 890 together.
I can confirm that my Department takes all necessary steps to manage the international protection process efficiently and effectively, while ensuring the integrity of those processes is maintained at all times.
I am taking a number of steps to improve how our International Protection (IP) system works. In increasing capacity and speeding up decision making, we can ensure that those who have a right to international protection are given that status as quickly as possible, and those who are found not to have a right to international protection, or other basis for remaining, return to their country of origin.
The Garda National Immigration Bureau (GNIB) is responsible for carrying out deportations. Where a person's application for international protection is refused, the person concerned is advised of this in writing and provided with the option of taking up a voluntary return arrangement. Where this option is not taken up, a deportation order is issued in respect of that person.The numbers of Deportation Orders effected by GNIB does not take account of individuals who have left the State without informing my Department. It is the case that many individuals who are subject to Deportation Orders leave the State without notifying the relevant authorities and this particular category of individual is difficult to quantify in the absence of exit checks.
While it is not possible to provide definitive figures for the number of such persons, the GNIB has reviewed a large sample of the cases subject to deportation orders and their inquiries suggest a very significant number of these individuals have left the State.
It is important to note that a deportation order requires a person to leave the State, and that a person in breach of an order can be arrested and taken into custody for the purposes of their removal.
I can also advise that once the applicant receives a decision on the IP application, either a grant or a refusal, their Labour Market Access (LMA) is no longer valid.
Determinations on International Protection applications for the years referred to by the Deputy are set out on the table below.
|
- |
Applications |
Refugee Status Grants |
Subsidiary protection grants |
Permission to remain grants |
Refusals |
Total Determinations |
|
2021 |
2,648 |
859 |
74 |
588 |
780 |
2,301 |
|
2022 |
13,646 |
1,390 |
69 |
2,077 |
867 |
4,403 |
|
2023 |
13,274 |
2,471 |
237 |
533 |
5,173 |
8,414 |
The table below shows the number of IP Deportation Orders Signed, IP Voluntary Returns and IP Deportation Orders enforced by GNIB and IP Deportations otherwise confirmed. As it is not possible to provide costs for IP deportations separately, the table below provides the cost for enforcing deportation orders made under section 3 of the Immigration Act 1999 (as amended) as well as under section 51 of the International Protection Act 2015:
|
Year |
Total IP Deportation Orders Signed |
Total IP Confirmed Voluntary Returns |
IP Deportation Orders enforced by GNIB (See 1 below) |
IP Deportations otherwise confirmed (See 1 below) |
Dublin iii Transfers (See 2 below) |
Costs of total deportations/removals (See 3 below) |
|
2021 |
33 |
9 |
2 |
15 |
4 |
€428,131 |
|
2022 |
546 |
35 |
17 |
38 |
3 |
€467,289 |
|
2023 |
857 |
105 |
34 |
14 |
3 |
€494,829 Please note, figures are correct at time of issue, however, all statistics may be subject to data cleansing. |
• Please note, figures are correct at time of issue, however, all statistics may be subject to data cleansing.
• During the COVID- 19 Pandemic there was a moratorium on deportations. This was effective during the latter part of 2020, 2021 and for the first 8 months of 2022. During the moratorium only persons who whose presence in Ireland would be contrary to the public interest were deported. This moratorium was lifted in July 2022.
1. Numbers deported may relate to deportation orders signed in a previous year.
2. Transfer to another EU State to have their application for IP examined.
3. Total Deportation/Removals costs including the flight costs and some accommodation costs, where required, for all deportations and removals including Dublin 3 transfers, EU Removals as well as IP deportations. These figures do not include persons who made their own arrangements for removal, or the costs for people who availed of the voluntary return programmes.
The figure for costs covers flights (often through hubs and long-distance) and some accommodation costs, where required, for all removals including Dublin 3 transfers and EU Removals. A number of factors impact on costs. In particular, the costs for any particular deportation reflect the numbers travelling in each instance. In some cases a person may resist deportation and the GNIB will conduct a risk assessment to determine how many escorts are required. In addition, in cases where persons convicted of offences are being removed a higher number of escorts are typically required. Flight costs also can often be impacted by the need to make arrangements to enable escorts to return on the same flight in some instances, for the personal safety of the escorts. Travel bookings are approved on a case by case basis at senior level in both GNIB and Immigration Service Delivery (ISD). Additionally, only certain airport hubs allow deportations to be conducted which impacts on routes available and consequently the costs incurred. A final very significant contributor to costs are the additional costs incurred where flights have to be cancelled and rebooked at short notice, due to last minute legal or logistical issues. In complex cases this can arise on more than one instance in connection with an individual deportation.
839. Deputy Alan Kelly asked the Minister for Justice how many unsuccessful applicants for protection under the International Protection Act 2015 were evicted from direct provision in each of the years 2021, 2022 and 2023. [12172/24]
View answerMatters relating to accommodation are the responsibility of the Department of Children, Equality, Disability, Integration and Youth.
I can however advise the Deputy that my Department notifies the International Protection Accommodation Services (IPAS) when an application for international protection made by an IPAS resident has been finalised.
Such cases can be finalised by the making of a deportation order at the end of the substantive process, or a return order where an application for international protection has been found to be inadmissible.
Officials in my department also notify IPAS when a decision has been taken to grant a protection applicant either an international protection status, encompassing refugee status or subsidiary protection, or permission to remain in the State.
There is close cooperation between my Department, the Garda National Immigration Bureau and IPAS to identify people in IPAS accommodation that have been issued with Deportation Orders with a view to their removal. In practice, it is often the case that a person whose application has been unsuccessful will no longer be residing in IPAS accommodation at the point at which their case is finalised, and in some cases will have left some time previously.
840. Deputy Alan Kelly asked the Minister for Justice how many unsuccessful applicants for protection under the 2015 were provided with accommodation by the State outside of the IPAS structure in each of the years 2021, 2022 and 2023. [12173/24]
View answerAs the Deputy will be aware, responsibility for material supports for international protection applicants are a matter for my colleague, the Minister for Children, Equality, Disability, Integration and Youth.
When an International Protection claim is being examined by the International Protection Office (IPO), the International Protection Accommodation Service (IPAS) under the Department of Children, Equality, Disability, Integration and Youth is responsible for the provision of accommodation and related services to applicants who wish to accept such services.
No person is required to stay in any accommodation that is provided by the State. However, applicants for international protection are required to cooperate with the international protection process.
This includes ensuring their Temporary Residence Card is in date and their address is up to date with the International Protection Office (IPO).
842. Deputy Alan Kelly asked the Minister for Justice how many decisions of the IPO on international protection were appealed to the International Protection Appeals Tribunal in each of the years 2021, 2022 and 2023. [12176/24]
View answer843. Deputy Alan Kelly asked the Minister for Justice how many decisions of the IPO on subsidiary protection were appealed to the International Protection Appeals Tribunal in each of the years 2021, 2022 and 2023. [12177/24]
View answer844. Deputy Alan Kelly asked the Minister for Justice how many decisions of the IPO under Dublin III were appealed to the International Protection Appeals Tribunal in each of the years 2021, 2022 and 2023. [12178/24]
View answer845. Deputy Alan Kelly asked the Minister for Justice how many decisions of the IPO on the grounds of inadmissibility were appealed to the International Protection Appeals Tribunal in each of the years 2021, 2022 and 2023. [12179/24]
View answer855. Deputy Alan Kelly asked the Minister for Justice how many appeals were lodged by email and hard copy, respectively, to the International Protection Appeals Tribunal in each of the years 2021, 2022 and 2023. [12189/24]
View answerI propose to take Questions Nos. 842, 843, 844, 845 and 855 together.
In July 2023, I published a report on the international protection modernisation programme for 2023 and 2024. This programme is implementing measures to improve efficiencies and throughput as well as improving the application, interview and decision-making process for applicants.
Reforms to the international protection process will continue in 2024. An additional €34m was allocated in Budget 2024 to the International Protection Office (IPO), the International Protection Appeals Tribunal (IPAT) and related areas to continue to scale up processing.
IPAT’s operational capacity is currently being significantly expanded to meet their increased caseload. Additional resources are being deployed through increasing the number of Tribunal members as well as further recruitment of administrative staff.
Both the International Protection Office (IPO) and the International Protection Appeals Tribunal (IPAT) are fully independent in determining whether or not to grant international protection applications. Each application is examined individually on its own merits, in line with national and international asylum law.
The table below shows the numbers of appeals received in IPAT in the years 2021, 2022 and 2023.
|
Appeals Received in International Protection Appeals Tribunal |
|||
|
Appeal Type |
2021 |
2022 |
2023 |
|
Substantive IP Appeal |
490 |
790 |
2211 |
|
Substantive IP Appeal SP only |
5 |
7 |
2 |
|
Substantive IP Appeal Asylum only |
43 |
32 |
27 |
|
Accelerated IP Appeal |
184 |
233 |
2191 |
|
Dublin III Regulation Appeals |
16 |
22 |
151 |
|
Inadmissibility Appeals Received (s.21) |
5 |
79 |
180 |
|
Total |
743 |
1163 |
4762 |
In 2023, the IPAT upheld 72% of the IPOs decisions.
The IPAT do not record a breakdown of whether appeals are received by hard copy or email.
846. Deputy Alan Kelly asked the Minister for Justice how many full-time decision makers were employed by the International Protection Appeals Tribunal in each of the years 2021, 2022 and 2023. [12180/24]
View answer847. Deputy Alan Kelly asked the Minister for Justice how many external service providers, not employees of her Department and the International Protection Appeals Tribunal, have registered with the International Protection Appeals Tribunal in each of the years 2021, 2022 and 2023. [12181/24]
View answer848. Deputy Alan Kelly asked the Minister for Justice how many external service providers, not employees of her Department and the International Protection Appeals Tribunal were asked to make decisions by the International Protection Appeals Tribunal in each of the years 2021, 2022 and 2023. [12182/24]
View answer849. Deputy Alan Kelly asked the Minister for Justice how many external service providers trained by the International Protection Appeals Tribunal, not employees of her Department and the Tribunal received fewer than five appeals from the Tribunal for its consideration in each of the years 2021, 2022 and 2023. [12183/24]
View answer850. Deputy Alan Kelly asked the Minister for Justice how many external service providers trained by the International Protection Appeals Tribunal not employees of her Department and the Tribunal received between five and ten appeals from IPAT for their consideration in each of the years 2021, 2022 and 2023. [12184/24]
View answer851. Deputy Alan Kelly asked the Minister for Justice how many external service providers trained by the International Protection Appeals Tribunal not employees of her Department and the Tribunal received between 11 and 15 appeals from IPAT for their consideration in each of the years 2021, 2022 and 2023. [12185/24]
View answer852. Deputy Alan Kelly asked the Minister for Justice how many external service providers trained by the International Protection Appeals Tribunal not employees of her Department and the Tribunal received between 15 and 25 appeals from IPAT for their consideration in each of the years 2021, 2022 and 2023. [12186/24]
View answer853. Deputy Alan Kelly asked the Minister for Justice how many external service providers trained by the International Protection Appeals Tribunal not employees of her Department and the Tribunal received between 25 and or more appeals from IPAT for their consideration in each of the years 2021, 2022 and 2023. [12187/24]
View answer857. Deputy Alan Kelly asked the Minister for Justice the person or body that the agreement is made with by external services providers for the provision of decision-making services in each of the years 2021, 2022 and 2023. [12191/24]
View answerI propose to take Questions Nos. 846 to 853, inclusive, and 857 together.
The International Protection Appeals Tribunal (IPAT) is a statutorily independent body and exercises a quasi-judicial function under the International Protection Act 2015.
The Tribunal consists of a Chairperson, two Deputy Chairpersons, and ordinary members appointed on either a whole-time or part-time capacity.
Tribunal Members are appointed by the Minister for Justice following an open competition run by the Public Appointments Service (PAS) in accordance with section 62(4) of the International Protection Act 2015. Part-time Tribunal Members, who are not public servants, are engaged on a contract for service and are paid on a fee per item basis in respect of completed decisions. This has been the long-standing mechanism for engaging such expectation, since the establishment of IPAT and in its predecessor organisation.
Members of the Tribunal, appointed by the Minister for Justice for a term of 5 years, consider appeals and make decisions in respect of the various matters that come before the Tribunal. They are the only persons engaged to make decisions on matters that fall within the jurisdiction of the Tribunal. All Tribunal Members are either barristers or solicitors with a minimum of five years’ professional experience.
All Tribunal Members receive extensive induction training when they are first appointed and engage in regular ongoing training.
Administrative staff of the Tribunal are civil servants and currently assigned to the Tribunal from the Department of Justice in accordance with s.61(4) of the International Protection Act 2015.
The table below shows the number of ordinary whole-time Tribunal Members appointed to the International Protection Appeals Tribunal who were engaged on contracts of service in each of the years 2021, 2022 and 2023. Please note these figures exclude the Chairperson and two Deputy Chairpersons.
|
- |
2021 |
2022 |
2023 |
|
Whole Time Members |
3 |
3 |
3 |
The table below shows how many Tribunal Members were appointed to the International Protection Appeals Tribunal and engaged on contracts for services in each of the years 2021, 2022 and 2023. Numbers fluctuate throughout each year however, as Members resigned or Members’ terms expire. At the end of 2023 the Tribunal had 57 part-time Members. A Public Appointments Service recruitment competition is currently underway to significantly increase the number of part-time Members.
|
- |
2021 |
2022 |
2023 |
|
Part Time Members |
51 |
44 |
66 |
The table below shows the number of appeals assigned to both Whole and Part time Tribunal Members in each of the years 2021, 2022 and 2023.
|
- |
2021 |
2022 |
2023 |
|
0-4 Appeals |
14 |
12 |
24 |
|
5-10 Appeals |
12 |
7 |
7 |
|
11-15 Appeals |
3 |
3 |
3 |
|
16-25 Appeals |
11 |
5 |
8 |
|
26 Appeals or more |
14 |
20 |
27 |
