Vol. 499 No. 2
138 Mr. Gormley asked the Minister for Justice, Equality and Law Reform if he will allow for oral hearings in the appeals authority in relation to asylum seekers who have been refused under the manifestly unfounded procedure; and if he will make a statement on the matter. [2302/99]
139 Mr. Gormley asked the Minister for Justice, Equality and Law Reform the plans, if any, he has to extend the time limit for lodging an appeal against the decisions on asylum applications that have been refused on the grounds of manifestly unfounded procedure; and if he will make a statement on the matter. [2303/99]
140 Mr. Gormley asked the Minister for Justice, Equality and Law Reform the reforms, if any, he has in mind to the criteria for deciding that an asylum application is manifestly unfounded; and if he will make a statement on the matter. [2304/99]
I propose to take Questions Nos. 138 to 140, inclusive, together.
Manifestly unfounded applications for refugee status have caused significant problems for many countries and are a matter of concern to UNHCR because they cause delay and difficulties for genuine applicants. The executive committee of the UNHCR drew attention to the problem of manifestly unfounded or abusive applications for refugee status in its conclusion EXCOM No. 30 in 1983. The committee considered that national procedures "may usefully include special provisions for dealing in an expeditious manner with applications which are considered to be so obviously without foundation as not to merit full examination..". EC Ministers also passed a resolution on the subject in 1992.
The current procedures for processing manifestly unfounded applications are taken directly from section 12 of the Refugee Act, 1996, and take into account the UNHCR conclusion and the EC Ministers' resolution on manifestly unfounded applications.
I have listened to the views of the UNHCR and NGO's in relation to appeals in cases which are deemed to be manifestly unfounded, as evidenced by the fact that I agreed to amend the procedures on 13 March 1998 to allow for an independent appeal process for cases deemed to be manifestly unfounded. The appeal is determined by an appeals authority, a person independent of myself and my Department with not less than seven years practice as a solicitor or barrister.
I have no further plans to reform the procedure for processing manifestly unfounded applications at the present time.
