Dáil Éireann Debate, Tuesday - 9 April 2024
912. Deputy Michael McNamara asked the Minister for Justice how many "transfer decisions" were made by international protection officers to transfer in accordance with Regulation (EU) No 604/2013 in each calendar year since 2014. [14958/24]
View answer913. Deputy Michael McNamara asked the Minister for Justice how many "transfer decisions" made by international protection officers to transfer in accordance with Regulation (EU) No 604/2013 were set aside on appeal in each calendar year since 2014. [14959/24]
View answer914. Deputy Michael McNamara asked the Minister for Justice how many "transfer decisions" made by international protection officers to transfer in accordance with Regulation (EU) No 604/2013 were challenged in Court proceedings in each calendar year since 2014. [14960/24]
View answerI propose to take Questions Nos. 912 to 914, inclusive, together.
My Department is taking all necessary steps to manage the international protection process fairly, efficiently and effectively, as part of the broader Government response, while ensuring the integrity of Ireland's rules-based immigration system is maintained. Regulation (EU) No 604/2013 (Dublin III Regulations), came into force on 19 July 2013, and lays down the criteria and mechanisms for determining which EU country is responsible for examining an asylum application. The Dublin Regulation is based on the principle that the first Member State to facilitate entry to the EU should be responsible for examining the protection application.
The making of a transfer decision under the EU Dublin Regulation is not a deportation order. The International Protection Office considers whether applicants might have their cases considered under the Dublin Regulation. If the Regulation is deemed to apply, the applicant may appeal that decision to the International Protection Appeals Tribunal (IPAT).
A decision to transfer made under the Dublin III Regulations expires after six months. This extends to 18 months if the applicant has absconded. If an appeal is launched, a Dublin III decision expires six months from the date the appeal decision is given. In practice, and in keeping with the experience of all Member States, the Regulations have not been effective.
The increasing numbers of protection applications, appeals and decisions highlights the importance of the EU Migration Pact for Ireland. I have recently secured Cabinet approval to seek the necessary approvals from the Houses of the Oireachtas to opt-in to the Pact.
The overall objectives of the Pact is to create a fair, sustainable and efficient asylum procedure in ordinary times as well as in times of migratory pressure and crisis situations.
It will harmonise asylum procedures across the EU, and speed up the processing of asylum applications so that people in need of our protection get it quickly and those who don’t are returned to their country of origin efficiently.
The Asylum and Migration Management Regulation (AMMR) which will replace the Dublin III Regulation, provides, inter alia, for streamlined criteria and reduced timeframes for determining the Member State responsible for determining an asylum application as well as revised rules on transferring responsibility. This will significantly improve the current Dublin system by reducing the administrative burden on the Member States seeking to transfer a person to the Member State responsible for processing the application.
Below is a table detailing how many decisions were made by international protection officers to transfer in accordance with Regulation (EU) No 604/2013 in each calendar year since 2014.
|
Year |
Decisions Made |
|
2024 |
63 |
|
2023 |
188 |
|
2022 |
24 |
|
2021 |
69 |
|
2020 |
310 |
|
2019 |
817 |
|
2018 |
251 |
|
2017 |
3 |
|
2016 |
594 |
|
2015 |
302 |
|
2014 |
21 |
The table below details how many transfer decisions made by international protection officers in accordance with Regulation (EU) No 604/2013 were set aside on appeal in each calendar year since 2014.
|
Dublin II/III Regulations |
2014 |
2015 |
2016 |
2017 |
2018 |
2019 |
2020 |
2021 |
2022 |
2023 |
|
Total Granted / Set aside |
1 |
0 |
11 |
20 |
5 |
20 |
18 |
5 |
7 |
6 |
In regards to your query regarding how many of the transfer decisions made by international protection officers in accordance with Regulation (EU) No 604/2013 were challenged in Court proceedings in each calendar year since 2014 is not recorded in such a way as to provide the information requested by the Deputy.
My Department is taking all necessary steps to manage the international protection process fairly, efficiently and effectively, as part of the broader Government response, while ensuring the integrity of Ireland's rules-based immigration system is maintained. Regulation (EU) No 604/2013 (Dublin III Regulations), came into force on 19 July 2013, and lays down the criteria and mechanisms for determining which EU country is responsible for examining an asylum application. The Dublin Regulation is based on the principle that the first Member State to facilitate entry to the EU should be responsible for examining the protection application.
