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Dáil Éireann Debate, Wednesday - 23 March 2005

Wednesday, 23 March 2005

Ceisteanna (229, 230, 231, 232, 233, 234, 235, 236, 237)

Jim O'Keeffe

Ceist:

229 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform the cost of each judicial review of the decisions of the Refugee Appeals Tribunal for 2002, 2003 and 2004. [9569/05]

Amharc ar fhreagra

Jim O'Keeffe

Ceist:

230 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform the average cost of each appeal from the Office of the Refugee Applications Commissioner to the Refugee Appeals Tribunal. [9570/05]

Amharc ar fhreagra

Jim O'Keeffe

Ceist:

231 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform the number of settlements in relation to each respective member of the Refugee Appeals Tribunal. [9571/05]

Amharc ar fhreagra

Jim O'Keeffe

Ceist:

232 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform the number of unsuccessful cases per individual Refugee Appeals Tribunal member judicially reviewed by the High Court. [9572/05]

Amharc ar fhreagra

Jim O'Keeffe

Ceist:

233 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform the number of successful cases per individual Refugee Appeals Tribunal member judicially reviewed by the High Court. [9573/05]

Amharc ar fhreagra

Jim O'Keeffe

Ceist:

234 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform the number of successful judicial reviews of the Refugee Appeals Tribunal by the High Court in 2002, 2003 and 2004. [9574/05]

Amharc ar fhreagra

Jim O'Keeffe

Ceist:

235 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform the number of appeals which have either been allowed or rejected by each member of the Refugee Appeals Tribunal in 2002, 2003 and 2004. [9575/05]

Amharc ar fhreagra

Jim O'Keeffe

Ceist:

236 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform the number of successful appeals from the Office of the Refugee Applications Commissioner to the Refugee Appeals Tribunal in 2002, 2003 and 2004. [9576/05]

Amharc ar fhreagra

Jim O'Keeffe

Ceist:

237 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform the number of appeals from the Office of the Refugee Applications Commission to the Refugee Appeals Tribunal in 2002, 2003 and 2004. [9577/05]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 229 to 237, inclusive, together.

The information requested by the Deputy, in so far as it is readily available to me, is provided in this reply. The number of appeals against the recommendations of the Office of the Refugee Applications Commissioner received by the Refugee Appeals Tribunal in 2002, 2003 and 2004 and the number of appeals which were granted for those years are set out in the tables.

Table 1: Appeals Received 2002, 2003 and 2004

Appeal Type

2002

2003

2004

Substantive Appeals

5,157

4,733

2,970

Manifestly Unfounded

104

141

10

Accelerated Appeals

0

281

1,845

Dublin Convention Appeals

101

149

23

EU Dublin II Regulation Appeals

0

2

163

Total

5,362

5,306

5,011

Table 2: Appeals Granted 2002, 2003 and 2004

Appeal Type

2002

2003

2004

Substantive Appeals

1,099

829

642

Manifestly Unfounded

49

23

9

Accelerated Appeals

0

4

60

Dublin Convention Appeals

8

2

25

EU Dublin II Regulation Appeals

0

0

1

Total

1,156

858

737

Note: Manifestly Unfounded, Dublin Convention and Dublin II Regulation recommendations of the Office of the Refugee Applications Commissioner (ORAC), set aside by the Tribunal, are remitted to ORAC for further consideration.

I am informed that the information concerning the average cost of an appeal is not readily available to the Refugee Appeals Tribunal. However, based on 6,520 appeal cases completed in 2004 and expenditure including staff salaries in 2004 of €8.4 million — salaries of €4 million and other expenditure of €4.4 million — the average cost per appeal is in the region of €1,300. The figures in question relate specifically to the tribunal.

The following table provides the information requested by the Deputy, in so far as it is available, on the outcomes of judicial review cases taken against the tribunal which were finalised in 2002, 2003 and 2004.

Table 3: Outcome of Judicial Review Cases

2002

2003

2004

Total

Cases settled and other cases where applicant was successful

56

75

124

255

Cases where applicant was unsuccessful

47

26

28

101

I am informed by the tribunal that it commenced paying judicial review costs from 2003. In 2003, legal costs, amounting to €33,682.23, were paid in respect of four judicial review cases. In 2004, €787,692.12 was paid in respect of 35 judicial review cases. The Deputy asked for additional information about individual members of the Refugee Appeals Tribunal. I have been advised by the chairperson of the tribunal that as his organisation is a statutory body, independent in the performance of its functions under the provisions of sections 15 and 16 of the Refugee Act 1996, it would be inappropriate for him to provide the requested information.

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