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Dáil Éireann díospóireacht -
Tuesday, 20 Jun 2000

Vol. 521 No. 4

Written Answers. - Asylum Appeals Process.

Brendan Howlin

Ceist:

251 Mr. Howlin asked the Minister for Justice, Equality and Law Reform the total expenditure incurred by his Department or bodies or authorities operating under its aegis in connection with the asylum appeals process in 1999; the anticipated expenditure in this regard in 2000; if he will give a breakdown of the costs under each heading; and if he will make a statement on the matter. [17525/00]

The information requested by the Deputy is set out in the following tabular statement.

Type of Expenditure

1999Expenditure

Estimate2000 (a)

£

£

Departmental Staff and related costs

993,680

1,800,000

Appeals Authorities fees

108,948

350,000

Departmental Interpretation/Translation fees

43,605

60,000

Departmental Legal Representative fees

92,340

5,000 (b)

Refugee Legal Service

402,500

700,000

Total

1,641,073 (c)

2,915,000 (c)

(a) Expenditure figures for 2000 are at present difficult to estimate due to the proposed commencement of the Refugee Act 1996, as amended, and the consequential setting up of the Refugee Appeals Tribunal which will have resource implications.
(b) The reduced level of expenditure in 2000 on departmental legal representative fees reflects the refugee legal service coming into full operation in that year.
(c) As training is provided to all staff and persons working in the asylum area, including appeals authorities, it is not possible to provide separate training costs for the appeals process. Total training costs for all staff and persons for 1999 is £41,682; as per (a) above, and particularly in regard to training, it is extremely difficult to estimate expenditure on training for 2000, but it is likely to exceed the 1999 figures.

Brendan Howlin

Ceist:

252 Mr. Howlin asked the Minister for Justice, Equality and Law Reform the reason for the high rate of reversal of asylum refusals when challenged on appeal; whether the appeals authorities or any other person or body has expressed views to him on the reason for the high rate of successful appeals; if so, the nature of the views expressed; and if he will make a statement on the matter. [17526/00]

While the percentage of applicants granted refugee status following appeal is approximately 30% on average, it should be noted that an overall percentage of 25% is more accurate when those who do not avail of the opportunity to appeal, those who withdraw from the process or those whose applications are abandoned are taken into account. At any rate, I do not consider the rate of successful applications on appeal to be unduly high.

An analysis of the situation indicates that a number of factors are at issue. For example, applicants can avail of State funded legal assistance and representation from the Refugee Legal Service, set up by the Legal Aid Board, at all stages of the asylum process. However, fewer than 10% of applicants avail of legal assistance to complete the applicant questionnaire, prepare for first stage interview and only a small proportion take up the opportunity to make a written submission within five days following the interview. By contrast almost all appeal applicants are represented at the appeal hearing. It is likely, therefore, that elements of many applications are presented for the first time at appeal stage. It would be preferable if all information was presented and legal advice was availed of at first stage so that this would reduce the need for some applicants to appeal and reduce the waiting time for genuine refugees to have their status established.

In this regard, my Department is currently examining, in conjunction with the UNHCR, the Legal Aid Board and non-governmental organisations, including Amnesty International and the Irish Refugee Council, appropriate mechanisms to increase the take up of legal services at the initial stages of the asylum process.

Views are expressed on the asylum process on a continuous basis by a range of persons and bodies; these are examined in my Department and taken into account in the development of policy, as appropriate. The Deputy will be aware that the appeals authorities are independent in their function of hearing appeals and making subsequent recommendations.

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