Written answers

Wednesday, 31 January 2024

Department of Justice and Equality

Asylum Applications

Photo of James O'ConnorJames O'Connor (Cork East, Fianna Fail)
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106. To ask the Tánaiste and Minister for Justice and Equality to clarify the steps for applying for asylum in Ireland, specifically, where applicants stay for the initial five days if they do not apply at the port of entry; the conditions under which the port authority grants entry; what information the IPO officer looks for to verify the applicant's identity, country of origin and immigration history; what conditions do not allow for entry; how the personal interview differs from the preliminary interview; and if she will make a statement on the matter. [4430/24]

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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Under Section 4 of the Immigration Act 2004, an Immigration Officer must determine whether a non-EEA national should be granted leave to land and gain entry to the State. In performing their duties, an Officer is required to consider all of the circumstances relating to the individual at the time of entry. Section 4(3) of that Act sets out the full range of grounds on which a passenger may be refused level to enter.

If an individual presents at a port of entry without proper documentation, or without a valid visa for entry if required, they are generally refused leave to land and returned to the country they have arrived from as soon as is practicable.

Where an individual indicates or is identified as being in need of international protection they are admitted to the international protection process in line with our international human rights and legal obligations.

With regard to the establishment of a person’s identity and nationality, this is an important feature of our immigration process in general. When it comes to international protection applicants, each person that enters the process is fingerprinted and photographed. These fingerprints are checked against EURODAC, an EU database which stores the fingerprints of asylum applicants and those who have crossed borders illegally.

Current operational guidelines requires an individual who applies for asylum at a port or airport to present the next working day at the International Protection Office in Dublin. Arrangements are made for such persons to be accommodated by IPAS overnight if necessary.

In relation to the difference between a preliminary and personal interview, the former is carried out under Section 13 of the International Protection Act 2015 and happens either at a port of entry, or the IPO, depending on where the application is first made. The Section 13 interview is used to establish information such as the applicant's identity, nationality, route of travel and the basis of their claim. As part of this initial interview, the applicant is required to present their contact details, including their address in Ireland where they have one.

When the International Protection Office (IPO) accepts an application for international protection, the applicant will receive a Temporary Residence Certificate (TRC) and a formal, but limited, permission to remain in the State while their case is pending.

Following an application for international protection, the personal interview (carried out under Section 35 of the IP Act 2015) is scheduled to take place at a later date. This is considered the substantive interview and is conducted in person or by video conference, by an International Protection Officer or contracted IPO Panel Member. All caseworkers are highly trained in assessing applications and interviewing. This in-depth interview allows the applicant to put forward their case for protection.

Both the International Protection Office (IPO) and the International Protection Appeals Tribunal (IPAT) are fully independent in deciding whether or not to grant international protection. Each application is examined individually on its own merits, in line with national and international asylum law.

The Department's website a detailed overview of the International Protection process in Ireland which can be accessed at:

www.gov.ie/en/campaigns/304ba-international-protection/

Photo of James O'ConnorJames O'Connor (Cork East, Fianna Fail)
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107. To ask the Tánaiste and Minister for Justice and Equality the reasons for the delays in processing asylum seeker applications; the average length of time it takes for an application to be fully processed; and if she will make a statement on the matter. [4431/24]

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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My Department takes all necessary steps to manage the international protection process efficiently and effectively, while ensuring the integrity of those processes is maintained at all times.

I am taking a number of steps to improve how our International Protection system works. In increasing capacity and speeding up decision making, we can ensure that those who have a right to international protection are given that status as quickly as possible, and those who are found not to have a right to international protection, or other basis for remaining, return to their country of origin.

In July of 2023, I published a report on the international protection modernisation programme for 2023 and 2024. This programme is implementing measures to improve efficiencies and throughput as well as enhancing the application, interview and decision-making process for applicants.

Over the course of the last year, the IPO increased the number of monthly determinations to over 1,000 in November 2023, and plans to deliver at least 14,000 decisions in 2024, a further increase of 5,000 cases.

In November 2022, I signed a regulation to introduce an accelerated procedure for international protection applicants from designated safe countries of origin. These applicants now typically receive a first instance decision in less than 10 weeks. The number of applications from safe countries has fallen by 38 % over the first 12 months of the operation of the accelerated procedure

Reforms to the international protection process will continue in 2024. Approximately €34m was allocated in budget 2024 to the International Protection Office (IPO) and the International Protection Appeals Tribunal (IPAT) to continue to scale up processing.

Already these reforms are having a significant impact with the median processing time for first-instance decisions reducing from 18 months in 2022 down to 13 months in 2023.

The median processing time for appeals was 5.5 months in 2023 down from 13.5 months at the start of 2022.

I have also recently announced further measure to expedite international protection application processing. This includes adding Botswana and Algeria to the safe country of origin list as well as introducing an expedited procedure for inadmissible applications by people who already have been granted protection in the EU. These are all other aspects of the international protection modernisation programme will continue to be kept under review and invested in.

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