Dáil Éireann díospóireacht -
Wednesday, 3 Oct 2001

Vol. 541 No. 2

Written Answers. - Asylum Applications.

Jim Higgins

Ceist:

109 Mr. Higgins (Mayo) asked the Minister for Justice, Equality and Law Reform if Decree 33 of 1990 and Decree 2 of 1984 of the Nigerian Government (details supplied) are taken into consideration in determining the eligibility of Nigerian nationals applying for asylum here; and if he will make a statement on the matter. [20967/01]

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

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. These two offices are the Office of the Refugee Applications Commissioner – ORAC – which considers applications for a declaration as a refugee at first instance, and the Refugee Appeals Tribunal – RAT – which considers applications for a declaration at appeal stage.

The 1951 Geneva Convention Relating to the Status of Refugees and section 2 of the Refugee Act, 1996, as amended, defines a refugee as "a person who, owing to a well founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his or her nationality and is unable or, owing to such fear, is unwilling to avail himself or herself of the protection of that country; or who, not having a nationality and being outside the country of his or her former habitual residence, is unable or, owing to such fear, is unwilling to return to it."

While it would be inappropriate for me to comment on any individual asylum application or on the exact nature of the country of origin information utilised by the refugee determination bodies, I can inform the Deputy that the Office of the Refugee Applications Commissioner investigates applications for asylum in line with the requirements of the Refugee Act, 1996, as amended. Each application is considered on an individual basis having due regard to matters raised by an applicant and to such other matters as the investigator considers appropriate. A wide range of country of origin information is available to both the Office of the Refugee Applications Commissioner and the Refugee Appeals Tribunal in their consideration of asylum applications.

With regard to the two decrees mentioned by the Deputy, as far as can be ascertained, Decree No. 2 of 1984 is no longer operative having been repealed, while Decree No. 33 of 1990 provides for measures to be taken against Nigerians convicted of drug offences overseas. Prosecution for drug trafficking is not one of the convention reasons which would bring an applicant for asylum within the definition of refugee as defined in section 2 of the Refugee Act 1996, as amended.

Thomas P. Broughan

Ceist:

110 Mr. Broughan asked the Minister for Justice, Equality and Law Reform the number of applications for asylum received since the beginning of 2001; the number of applications processed in that period giving a breakdown of the decisions made; the number of deportation orders made in that period; the number of such deportations carried out; and if he will make a statement on the matter. [22001/01]

Gerry Reynolds

Ceist:

125 Mr. G. Reynolds asked the Minister for Justice, Equality and Law Reform the number of applications for asylum received in the first nine months of 2001; if there is an increase or decrease in the receipt of such applications; the countries of origin of all such asylum applicants; the number of applications for asylum granted so far in 2001; the numbers rejected; and his views on whether the arrangements relating to refugees and asylum applicants are working satisfactorily. [22294/01]

Alan Shatter

Ceist:

930 Mr. Shatter asked the Minister for Justice, Equality and Law Reform the number of appli cations for asylum received in the first nine months of 2001; if there is an increase or decrease in the receipt of such applications; the countries of origin of all such asylum applicants; the number of applications for asylum granted so far in 2001; the numbers rejected; and his views on whether arrangements relating to refugees and asylum applicants are working satisfactorily. [22278/01]

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

I propose to take Questions Nos. 110, 125 and 930 together.

Under the Refugee Act, 1996, as amended, the Office of the Refugee Applications Commissioner is responsible for considering applications for a declaration as a refugee at first instance and the Refugee Appeals Tribunal is responsible for consideration of appeals. The information sought by the Deputies and covering the period 1 January 2001 to 31 August 2001, which are the most up to date statistics available, is set out in the following tabular statement. However, I can tell the Deputies that, in relation to the first nine months of this year, there were 7,569 asylum applications compared to 7,982 applications in the first nine months of 2000 – a 5.2% decrease.

UNHCR statistics for the period 1 January to 31 July 2001 indicated an average 8% increase in asylum applications throughout Europe over the same period in 2000. This compared to a 6% reduction in applications received in Ireland when compared to the same period in 2000. I have been informed by the Office of the Refugee Applications Commissioner – ORAC – that, in July and August 2001 cases scheduled, processed and completed significantly exceeded intake. In July, 961 applications were received, 1,473 interviews were scheduled and 1,072 cases processed. In August, 983 applications were received, 1,543 interviews were scheduled and 1,407 cases processed. In September, 855 applications were received and 1,594 interviews scheduled.

It is evident that the increase in processing capacity which has been put in place as part of the Government's strategy is starting to make a real impact on the backlog of cases on hands and will help to progressively reduce processing times on an incremental basis. By the end of this year, all outstanding cases from 1998 to the end of 2000 will have been scheduled for interview with the overwhelming majority processed to finality. Thus, from the end of this year, the ORAC will effectively be focusing mainly on applications submitted in 2001. Already some applications made in March-April 2001 have been scheduled for interview.

In relation to appeals, I have been informed by the Office of the Refugee Appeals Tribunal – RAT – that it expects to complete approximately 3,700 appeals in 2001. As with the ORAC, having regard to the increased processing capacity which has been put in place as part of the Government's strategy, there has been a sig nificant increase in the number of hearings scheduled with 3,285 hearings expected to be scheduled for 2001, to end of year, compared to 1,119 for 2000, an increase of almost 200%. There are approximately 6,500 backlog cases, that is, cases which are over six months old, on hand in ORAC and RAT as of 1 September 2001 and 3,400 of these have already been scheduled or heard. The vast majority of the balance of 3,000 cases over six months old will be scheduled by the end of year.

The important achievements in the processing of asylum applications in the State which are evidenced by these statistics are the result of the successful implementation of the Government's asylum strategy. I am satisfied that the arrangements for refugee status determination currently in place provide the State with an asylum system that meets the highest international standards and which allows us to fulfil our international obligations under the 1951 Geneva Convention relating to the Status of Refugees and the related 1967 Protocol. I am confident that the processing arrangements which are currently in place will lead to the Government processing target of six months for applications for asylum being achieved at an early date.

1 January, 2001 to 31 August, 2001

Table 1

Office of the Refugee Applications Commissioner (ORAC)

Number of asylum applications received	6,714*
Number of applications processed	6,595
Recommendations to grant refugee status	206
Recommendations to refuse refugee status	3,678
Withdrawals processed	2,583
Determinations for transfer to other countries under the Dublin Convention	128

Table 2

Refugee Appeals Tribunal (RAT)

Number of appeals received	2,293
(1) Number of appeals completed*	1,865
(2) Decisions to grant refugee status	226
(3) ORAC recommendations set aside**	147
(4) ORAC recommendations affirmed	1,090

*Difference between row (1) and rows (2) to (4) is mainly due to the number of withdrawals.

**When ORAC recommendations (Manifestly Unfounded and Dublin Convention Cases) are set aside by the RAT, the cases are referred back to the ORAC for full consideration under section 11 of the Refugee Act, 1996, as amended.

Table 3

Deportation Orders

Number of Deportation Orders signed	1,141
Number of Deportation Orders effected	223

Table 4

Countries of Origin of Asylum Applications

Claimed Nationality	2001 (31/8)
Afghanistan	18
Albania	58
Algeria	147
Angola	110
Belarus	55
Bulgaria	72
Cameroon	101
China	14
Congo	24
Croatia	190
Czech Republic	145
DR Congo/Zaire	174
Egypt	13
Estonia	46
Gambia	43
Georgia	57
Ghana	105
Hungary	10
Iran	10
Iraq	30
Ivory Coast	39
Kazakhstan	58
Kenya	25
Kosovo	90
Kyrgyzstan	13
Latvia	37
Liberia	13
Libya	29
Lithuania	139
Macedonia	38
Moldova	333
Morocco	14
Nigeria	2,274
Pakistan	85
Poland	95
Romania	873
Russia	190
Rwanda	23
Serbia	36
Sierra Leone	98
Slovakia	28
Somalia	44
South Africa	143
Sri Lanka	24
Stateless	21
Sudan	19
Togo	15
Ukraine	250
Uzbekistan	35
Yugoslavia	21
Zimbabwe	57
Others	133
Total	6,714