Written Answers. - Asylum Applications.
Dick Spring
Ceist:
82
Mr. Spring
asked the
Minister for Justice, Equality and Law Reform
the number of applications for asylum outstanding at the latest date for which figures are available; the average time taken to process applications; the number of persons deported in the year 2000; the number of persons in respect of whom deportation orders have been made which have yet to be carried out; the number of legal challenges to decisions of his Department in regard to asylum matters which are currently before the courts; and if he will make a statement on the matter.
[3188/01]
The Refugee Act, 1996, as amended by the Immigration Act, 1999 and the Illegal Immigrants Trafficking Act, 2000, was commenced in full on 20 November 2000. Under the Act, two independent statutory offices were established to consider applications-appeals for refugee status and to make recommendations to the Minister on whether such status should be granted.
These two offices are the Office of the Refugee Applications Commissioner, which will consider applications for a declaration as a refugee at first instance and the Refugee Appeals Tribunal which will consider applications for a declaration at appeal stage.
I have been informed by the Office of the Refugee Applications Commissioner that the number of asylum applicants awaiting a determination of their application at first instance at 31 December 2000 is 10,127. The Office of the Refugee Appeals Tribunal has informed me that the number of outstanding appeals as of the 31 January 2001 is 2,004 – 1,742 substantive cases and 262 manifestly unfounded cases. It should be noted that these figures for the RAC and RAT include applications-appeals made right up to the cut off dates in question.
From information made available to me by the Offices of the Refugee Applications Commissioner and the Refugee Appeals Tribunal, I understand the current processing time for asylum applications from initial application stage to the determination of an appeal, in cases where applicants avail of the opportunity to appeal, can range between four months for manifestly unfounded cases and two years. In cases where there is no appeal the processing time is between three and 20 months. Any legal action could extend that period further.
As the Deputy will be aware, last year the Government agreed the allocation of major additional resources including the recruitment of 370 additional staff aimed at the speeding up of processing times in respect of asylum applications, including appeals, and to deal with the consequential increase in the level of repatriations of people whose applications for refugee status are unsuccessful.
The additional resources, including staff, being allocated to the Department are being utilised to achieve a number of strategic objectives, namely: greatly increasing processing capacity, including appeals, to deliver more speedy decisions in relation to applications for refugee status leading, in due course, to the completion to finality of the processing of all new asylum applications within a six month period – which will ensure that those who are genuine refugees will receive decisions on their applications much more speedily and that non-genuine applications will also be dealt with on a faster basis; the elimination of the asylum applications currently on hands as soon as possible; and dealing with the increased numbers of repatriations which are expected to arise in respect of persons whose applications for refugee status are refused.
While a large number of the additional staff are now in place and have either undergone or are receiving the necessary training at present, some outstanding staff are being recruited by a special competition organised by my Department which is being advertised at the present time.
Since deportations commenced under the Immigration Act, 1999, I have made a total of 1,132 deportation orders. 222 persons have been deported – 6 in 1999, 187 in 2000 and 29 so far this year – representing 19% of deportation orders made. In addition, a further 22 persons left the state before the deportation orders could be enforced.
The following is the position in relation to the remaining cases; 353 persons evaded deportation orders; 164 persons were not at their last known address for the purposes of service; 207 persons have been granted leave to seek judicial review by the courts. Arrangements are being put in place in respect of another 49 persons. 60 persons will have to have their return negotiated with the authorities in their respective countries of origin. Deportation orders in respect of the remaining 55 persons are being, or have been, revoked primarily on the basis of legal advice.
There are currently 98 judicial review cases before the court in relation to asylum matters. A further 128 cases are before the court involving deportation matters and, in those cases, approximately 15 include, in addition to the main deportation challenges, a challenge to an aspect of the asylum process. The Government is committed, as evidenced by the measures outlined above, to continue to develop more efficient and effective processes to deal with asylum applications; to eradicate, at an early date, the applications currently on hands and to continue to meet its obligations under the 1951 Geneva Convention both by identifying and protecting genuine refugees and by more quickly dealing with those applications which are clearly not from genuine asylum seekers.
