Dáil Éireann Debate, Tuesday - 24 April 2012
590 Deputy Derek Nolan asked the Minister for Justice and Equality the number of applications that have been received for leave to remain in the State based on the Zambrano Judgement; the process in place to deal with these applications; the average processing time; and if he will make a statement on the matter. [20369/12]
Amharc ar fhreagraBy 13 April 2012, approximately 1,700 persons had applied to my Department to have their application for leave to remain in the State examined in accordance with the principles set out in the Zambrano judgement.
These cases are being processed in accordance with various criteria including evidence that the child is a minor Irish citizen and that he/she is dependent on a parent/s who is a third country national and playing an active role in that child's upbringing.
It is not possible to give an average time frame for processing these applications as each one is given a comprehensive and individual consideration and the facts of each case can vary widely. In addition, some cases can take significant periods of time to complete if a DNA is required.
591 Deputy Derek Nolan asked the Minister for Justice and Equality the number of asylum seekers in the system at present; the length of time applicants have been in the system for less than one year, one to two years, two to three years, four to five years, five to six years, six to seven years and greater than seven years in tabular form; and if he will make a statement on the matter. [20371/12]
Amharc ar fhreagraWith regard to asylum seekers, it is important that the Deputy note that the current median processing time from initial application to final decision is 7.8 months.
Figures relating to the detailed information requested by the Deputy are set out below:
|
Years |
Number of Cases |
Percent |
Cumulative Percent |
|
0-<1 |
458 |
53.4 |
53.4 |
|
1-<2 |
160 |
18.7 |
72.1 |
|
2-<3 |
87 |
10.2 |
82.3 |
|
3-<4 |
45 |
5.3 |
87.5 |
|
4-<5 |
48 |
5.6 |
93.1 |
|
5-<6 |
25 |
2.9 |
96.0 |
|
6-<7 |
15 |
1.8 |
97.8 |
|
7 and over |
19 |
2.2 |
100.0 |
|
Total |
857 |
100 |
For the sake of completeness, the Deputy might note that there were 8,072 cases relating to failed asylum seekers seeking leave to remain in the State at the end of March 2012. The leave to remain process is separate to the asylum or refugee status determination process.
The Deputy should note that the processing of cases at this point is complex and extremely resource intensive given that where an application for subsidiary protection is lodged in addition to representations for consideration under Section 3 of the Immigration Act 1999 (as amended), the subsidiary protection application must be considered first to assess whether the applicant has an identifiable need for international protection. The investigation of such applications requires a fresh examination of the entire asylum file, the documentation and country of origin information submitted in support of the application, as well as an examination of objective, reputable, up to date country of origin information before a conclusion can be arrived at as to whether or not the applicant is likely to be exposed to serious harm if returned to his/her country of origin. Where such an application is refused, consideration must then be given to the case in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), at which point the Minister must make a decision whether or not to make a deportation order in respect of the person.
All of this must be done in strict compliance with the Constitution, together with relevant international law including the European Convention on Human Rights. It will be seen that these are not quick or easy decisions to make and, given the life changing consequences for the persons involved, these are decisions which must be taken with the most scrupulous care and attention. Steps have been taken to speed up the processing of these applications by redeploying staff from the refugee determination bodies.
592 Deputy Jonathan O’Brien asked the Minister for Justice and Equality the number of decisions made by the Refugee Appeals Tribunal during 2011; and the number of these rulings which overturned decisions of the Office of the Refugee Applications Commissioner. [20378/12]
Amharc ar fhreagraI refer the Deputy to my reply to Parliamentary Question No. 960 of 18 April 2012.
Reply to PQ No. 960 of 18 April 2012
In 2011, 1330 decisions were finalised by the Refugee Appeals Tribunal. Of these, the decision of the Office of the Refugee Applications Commissioner (ORAC) was affirmed in 1254 cases and set aside in 76 cases.
593 Deputy Jonathan O’Brien asked the Minister for Justice and Equality the number of decisions made on subsidiary protection in 2008, 2009, 2010 and 2011; the number of decisions made in which subsidiary protection was granted; the number of decisions made on humanitarian leave to remain; the number of decisions in which humanitarian leave to remain was granted; and if he will make a statement on the matter. [20379/12]
Amharc ar fhreagraThe matters raised by the Deputy were the subject of a number of Parliamentary Questions asked by Deputies on 18th April 2012 the reply to which is set out below.
Reply to Parliamentary Questions Nos. 961, 962, 967, 968, 970 and 971 of 18th April 2012
I assume that the information sought in respect of humanitarian leave to remain refers to applications made under Section 3(6) of the Immigration Act, 1999. These applications arise in circumstances where a non-national who has no permission to be in the State is served with a notice of intent to deport under section 3(3)(a) of the Immigration Act, 1999. A person served with such a notice is afforded three options, viz. to leave the State voluntarily; to consent to the making of a Deportation Order; or to make representations in writing within 15 working days setting out reasons as to why a Deportation Order should not be made and why temporary leave to remain in the State be granted instead. In the years in question, that is, 2008, 2009, 2010 and 2011, temporary leave to remain was granted to 1,052, 512, 232 and 1,101 persons respectively. Over the same period, in each year the total number of section 3 application cases on hands was approximately 12,000.
In addition, prior to a determination being reached on an application made under section 3 as outlined above, where a subsidiary protection application is submitted it must be considered first to assess whether the applicant has an identifiable need for international protection under the criteria defined by the applicable EU Directive. The vast majority of subsidiary applications are from persons who have already been refused refugee status following consideration of their asylum claim by an independent process comprising the Office of the Refugee Applications Commissioner (ORAC) and the Refugee Appeals Tribunal (RAT). In 2008, 479 decisions were made on applications for subsidiary protection of which seven were granted, 680 decisions made in 2009 of which 27 were granted, 521 made in 2010 of which four were granted and 884 made in 2011 of which 13 were granted.
