Written Answers. - Asylum Applications.
Ruairí Quinn
Ceist:
99
Mr. Quinn
asked the
Minister for Justice, Equality and Law Reform
if his attention has been drawn to the findings of a study undertaken by two UCD academics entitled, Lives on Hold: Seeking Asylum in Ireland, which found that asylum seekers were less likely to gain recognition than in many other European countries; if so, his views on the report and its findings; and if he will make a statement on the matter.
[25766/00]
Alan Shatter
Ceist:
266
Mr. Shatter
asked the
Minister for Justice, Equality and Law Reform
the reason asylum seekers here are less likely to be granted refugee status than in many other European states as disclosed in the study Lives on Hold: Seeking Asylum in Ireland; if he proposes that a review be undertaken of the decisions made to date on asylum applications; and if he will make a statement on the matter.
[26091/00]
I propose to take Questions Nos. 99 and 266 together.
The study to which the Deputy refers which is entitled "Lives on Hold: Seeking Asylum in Ireland" was recently published by the Social Science Research Centre, University College, Dublin. It is wide ranging and its findings, in so far as they relate to my Department's responsibilities, are being considered.
The Government places a high priority on maintaining an asylum process which is both fair and transparent and which is geared towards providing protection to those in genuine need of such protection as quickly as possible.
The Government is also fully committed to the implementation of the 1951 Geneva Convention and this is reflected in both the present administrative procedures for processing asylum applications agreed with the UNHCR and the provisions of the Refugee Act, 1996 – as amended. Considerable resources are expended annually to ensure that our procedures are in line with best international practice and the highest standards and the application of these procedures has been affirmed by the courts on several occasions. The staff of the Department also receive comprehensive training, in association with the UNHCR, in the application of the asylum procedures. The Department's procedures include a first instance decision after interview at which every opportunity and assistance is afforded to an applicant to put forward his or her case for refugee status; a right to an appeal which is heard by one of 14 independent appeals authorities; a right to independent legal advice and assistance from the Refugee Legal Service at various stages in the asylum process.
The asylum application process will be provided with a new statutory framework with the commencement in full of the Refugee Act, 1996 – as amended – on Monday next 20 November 2000. This will see the establishment of two new independent offices, namely, the Refugee Applications Commissioner and the Refugee Appeals Tribunal which will hear and make recommendations, in the case of the tribunal in relation to appeals, on applications for refugee status.
The study refers to the fact that in 1998 Ireland's total recognition rate, 13%, was lower than for certain other EU member states. The examples of Finland, Denmark and the United Kingdom are specifically referred to in the study. In this regard, it should be noted that Ireland's figures for that year contained very few decisions on leave to remain whereas the numbers recognised in the other three selected member states included a high proportion of decisions to grant leave to remain.
I would point out that during 1998, in Ireland, refugee status, excluding leave to remain, was granted in 11.2% of cases. This compares with 1.6% in Finland, 13% in Denmark and 20% in the UK which are the countries mentioned in the study. It can also be compared with much lower recognition rates in Germany, 7.9%, Greece 3.8%, Netherlands, 9%, and Spain, 3.9%. As the study points out, the nationality breakdown of asylum applicants in Ireland is different from the rest of Europe. Given that this is the case, there is no reason to assume, even within any nationality, that those applying in Ireland are a representative cross section of applicants of that nationality elsewhere in Europe. It is therefore unsafe to draw any conclusions in relation to our determination process from comparative recognition rates. I am satisfied that with the system in place at present and the system which will be in place, on the full commencement of the Refugee Act, that any applicant in this country who is deserving of refugee status will be given the protection they deserve.
With regard to the suggestion that there should be a review of decisions made on asylum applications, I would reiterate that asylum applications in Ireland are processed in accordance with procedures agreed with the UNHCR and are based on the highest standards of international practice in this field, including the right of appeal to an independent appeals authority. The forthcoming introduction of the Refugee Act, 1996, as amended, and the establishment of the Refugee Applications Commissioner and the Refugee Appeals Tribunal will underpin, on a statutory basis, the asylum processing system.
