Dáil Éireann díospóireacht -
Wednesday, 2 Feb 2000

Vol. 513 No. 4

Written Answers. - Asylum Applications.

Brendan Howlin

Ceist:

63 Mr. Howlin asked the Minister for Justice, Equality and Law Reform if he will make a statement on the resignation of the refugee appeals adjudicator (details supplied); and his response to the comments made by the adjudicator on his resignation and, particularly, in relation to the entire asylum process. [2513/00]

Minister for Justice, Equality and Law Reform (Mr. O'Donoghue)

The comments reported to have been made by the appeals authority in question do not accord with the facts.

Applicants for asylum are given every opportunity to present their case. They have access to free legal advice and assistance at all stages of the asylum determination process up to and including applications for temporary leave to remain.

The refugee legal service which commenced operations on the 22 February 1999 from the Refugee Applications Centre in Lower Mount Street is an independent, comprehensive legal service to assist asylum seekers in all aspects of the Irish asylum procedure. As an additional safeguard, I established an independent monitoring committee to ensure that a quality refugee legal service is provided. However, in many cases applicants do not avail of this legal service until the appeals stage.

I am aware that, in many appeal cases, information presented to the independent appeals authorities has differed from that given at the initial interview. This additional information invariably has a bearing on the applicant's case for refugee status and, if it had been presented initially, the need for an appeal may not have arisen. Instances such as this help to give rise to a mistaken perception that the initial interview process is somehow unfair or flawed.

My aim and that of the Government is to provide a fair and effective system for dealing with asylum applications while continuing to meet our international obligations and maintaining our humanitarian approach to those in need of protection.

Since taking up office, I have put in place fair and effective procedures for processing asylum applications following consultations with the UNHCR and NGOs. These procedures are in line with our international obligations and in the spirit of the Refugee Act, 1996. The UNHCR has stated that, overall, the procedural arrangements promote a balanced administrative process pending the entry into force of the Refugee Act. All staff working in the asylum division, including my Department's reception and interviewing person nel, have completed appropriate training courses and have received "on the job" training and experience of interviews and assessments. The training programmes were agreed with UNHCR and delivered by a combination of my Department's own experienced personnel, UNHCR training specialists and the UNHCR's full time official here.

I have also provided additional staff, free legal aid and put in place independent appeals mechanisms. The very fact that the appeals authority in question was free to make public his views on the asylum process, and his subsequent reappointment as an appeals authority, clearly indicates the independence of the appeals authorities.

The unprecedented number of asylum applications in the latter half of 1999 inevitably placed intense pressure on the asylum services in the State. However, I have taken a number of steps to deal with this increasing number. These include the allocation of additional staff resources and increasing the number of appeals authorities. I have also brought forward amendments to the Refugee Act, 1996 to make that Act workable and it is my intention to implement it in full very shortly. Applications have been invited for the post of refugee applications commissioner and the competition for the position of chairperson of the Refugee Appeals Tribunal will commence in the coming weeks.

My ultimate aim and that of the Government is to establish a cohesive framework within which asylum seekers will have their applications processed speedily and fairly in accordance with best international practice and to integrate these persons granted refugee status fully into Irish society.