Dáil Éireann Debate, Thursday - 8 July 2004
48 Mr. Quinn asked the Minister for Justice, Equality and Law Reform his views on the significant reduction in the number of applications for political asylum over the past year; the projected number of applications for 2004, based on applications received to date; and if he plans a review of policy in view of the steady decline. [20715/04]
Amharc ar fhreagraIn 2003 as many as 7,900 asylum applications were received. It represented a fall of 32% compared to 2002 when 11,634 asylum applications were received.
At 30 June a total of 2,360 applications had been received in 2004, as compared with 4,089 received in the same period last year. It represents a decrease of approximately 50%. If these trends are maintained the projected level of applications for 2004 should be in the region of 4,500.
It is not possible to be absolutely certain of all of the factors involved in the reduction in asylum numbers in 2003. However, it is possible to say that the fall in applications was influenced by a combination of factors and strategies.
The Government now has in place a comprehensive strategy for dealing with asylum claims. For example, there is a strengthened infrastructural and statutory framework for processing applications fairly and within shorter timescales to ensure that those in need of refugee protection receive it more speedily.
The infrastructural framework is made up of two independent agencies, the Office of the Refugee Applications Commissioner and the Refugee Appeals Tribunal. Both were highly resourced over recent years with a result that applications were processed faster. At present 50% of applications are prioritised under the Refugee Act 1996 and those cases receive a first instance decision within six weeks of application. It is a well known fact that slow decision-making in a refugee determination process often gives rise to high numbers of unfounded applications being received. Enhancing the processing capacity of our refugee determination process so as to speed up decision-making without compromising fairness had an important impact on the number of unfounded claims.
The strengthening of processing and the shortening of timescales for decisions was supported by the enhancement of the legislative base for dealing with asylum applications in the form, for example, of amendments to the Refugee Act 1996 by the Immigration Act 2003, that came into effect on 15 September 2003. These amendments were, inter alia, aimed at ensuring that asylum applicants participate more actively in the determination process and failure, for example, to co-operate with the asylum process can result in the rejection of an application. The Immigration Act 2003 also contains provisions for the accelerated processing of asylum applications, including prioritisation of certain claims; strengthened credibility provisions; greater use of appeals on the papers alone; designation of States as safe countries of origin and streamlined operation of the Dublin Convention and safe third country processes. All of the relevant amendments in the 2003 Act were based on the experience of operating the Refugee Act 1996 over the past few years.
Central to the integrity of any asylum process is the ability to return persons found not to be in need of refugee protection, and who have no other protection needs, to their countries of origin. In this regard we are continuing to maintain the number of deportations being effected, with some 590 persons deported in 2003 and some 762 voluntary returns also taking place during this period. Up to end of June 2004 there have been 321 deportations effected and 358 voluntary returns. In the region of 90% of asylum applications received in the State are rejected on the basis that they do not meet the criteria for the award of refugee status as contained in section 2 of the Refugee Act 1996 and in the 1951 Geneva Convention.
I am also of the view that the Supreme Court judgment in January 2003 in the case of Lobe and Osayande had an impact on the number of unfounded asylum applications being received in the State. The case dealt with the residency status of parents of an Irish born child.
There is clear evidence to show that our asylum determination process is being abused by criminal elements whose activities have clear implications for the security and authority of the State and the general economic welfare of its citizens. These activities also have implications for the preservation of the integrity and effectiveness of the asylum system as it operates in Ireland for those that are genuinely in need of protection. For the purpose of dealing with illegal immigration the Government provided increased resources to the Garda National Immigration Bureau. The bureau has also strengthened its international liaison arrangements with immigration authorities in the United Kingdom, including Northern Ireland, and France, that are major transit points for illegal immigration into the State, with a particular focus on trafficking activity.
Amendments contained in the Immigration Act 2003 designed to strengthen our immigration procedures have also provided an enhanced legislative framework for the Garda to carry out more effective immigration controls. The 2003 Act makes provision for the introduction of carrier liability that obliges carriers bringing non-nationals into Ireland to satisfy themselves that the passengers whom they take on board at the point of departure have the correct documentation to allow them to disembark here. The provision operates in respect of traffic coming from outside the common travel area. It is having a major deterrent effect on illegal immigration.
As with all policy areas for which I have responsibility, I will continue to review our approach to the asylum area. I am sure that the Deputy will agree that with an estimated €353 million spent on asylum and immigration functions in 2003 alone, across a number of Departments, with €120 million spent by my Department, it is incumbent on me to do so. Any changes that might be introduced in the future must ensure that our achievements in this important policy area are consolidated. The State must also continue to meet its obligations to genuine asylum seekers under the 1951 Geneva Convention Relating to the Status of Refugees and continue to respond in a fair but firm manner to abusive asylum claims.
