Alan Kelly (Tipperary, Labour)
Link to this: Individually | In context | Oireachtas source

835. To ask the Tánaiste and Minister for Justice and Equality the number of unsuccessful applicants for protection under the International Protection Act 2015 who were deported/removed from the State in each of the years 2021, 2022 and 2023. [12168/24]

Alan Kelly (Tipperary, Labour)
Link to this: Individually | In context | Oireachtas source

836. To ask the Tánaiste and Minister for Justice and Equality the amount the State spent on the removal of unsuccessful applicants for protection under the International Protection Act 2015 in each of the years 2021, 2022 and 2023. [12169/24]

Alan Kelly (Tipperary, Labour)
Link to this: Individually | In context | Oireachtas source

837. To ask the Tánaiste and Minister for Justice and Equality the amount the State spent on commercial airline travel for the removal of unsuccessful applicants for protection under the International Protection Act 2015 in each of the years 2021, 2022 and 2023. [12170/24]

Alan Kelly (Tipperary, Labour)
Link to this: Individually | In context | Oireachtas source

838. To ask the Tánaiste and Minister for Justice and Equality how many unsuccessful applicants for protection under the International Protection Act 2015 were given leave to remain or had their presence in the State otherwise regularised in each of the years 2021, 2022 and 2023. [12171/24]

Alan Kelly (Tipperary, Labour)
Link to this: Individually | In context | Oireachtas source

841. To ask the Tánaiste and Minister for Justice and Equality how many unsuccessful applicants, after the ultimate conclusion of their protection applications, continued to enjoy access to the labour market in each of the years 2021, 2022 and 2023. [12174/24]

Alan Kelly (Tipperary, Labour)
Link to this: Individually | In context | Oireachtas source

890. To ask the Tánaiste and Minister for Justice and Equality how many unsuccessful applicants for protection under the 2015 Act left Ireland in each of the years 2021, 2022 and 2023. [12379/24]

Helen McEntee (Meath East, Fine Gael)
Link to this: Individually | In context | Oireachtas source

I propose to take Questions Nos. 835 to 838, inclusive, 841 and 890 together.

I can confirm that 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 (IP) 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.

The Garda National Immigration Bureau (GNIB) is responsible for carrying out deportations. Where a person's application for international protection is refused, the person concerned is advised of this in writing and provided with the option of taking up a voluntary return arrangement. Where this option is not taken up, a deportation order is issued in respect of that person.

The numbers of Deportation Orders effected by GNIB does not take account of individuals who have left the State without informing my Department. It is the case that many individuals who are subject to Deportation Orders leave the State without notifying the relevant authorities and this particular category of individual is difficult to quantify in the absence of exit checks.

While it is not possible to provide definitive figures for the number of such persons, the GNIB has reviewed a large sample of the cases subject to deportation orders and their inquiries suggest a very significant number of these individuals have left the State.

It is important to note that a deportation order requires a person to leave the State, and that a person in breach of an order can be arrested and taken into custody for the purposes of their removal.

I can also advise that once the applicant receives a decision on the IP application, either a grant or a refusal, their Labour Market Access (LMA) is no longer valid.

Determinations on International Protection applications for the years referred to by the Deputy are set out on the table below.

The table below shows the number of IP Deportation Orders Signed, IP Voluntary Returns and IP Deportation Orders enforced by GNIB and IP Deportations otherwise confirmed. As it is not possible to provide costs for IP deportations separately, the table below provides the cost for enforcing deportation orders made under section 3 of the Immigration Act 1999 (as amended) as well as under section 51 of the International Protection Act 2015:

• Please note, figures are correct at time of issue, however, all statistics may be subject to data cleansing.
• During the COVID- 19 Pandemic there was a moratorium on deportations. This was effective during the latter part of 2020, 2021 and for the first 8 months of 2022. During the moratorium only persons who whose presence in Ireland would be contrary to the public interest were deported. This moratorium was lifted in July 2022.

The figure for costs covers flights (often through hubs and long-distance) and some accommodation costs, where required, for all removals including Dublin 3 transfers and EU Removals. A number of factors impact on costs. In particular, the costs for any particular deportation reflect the numbers travelling in each instance. In some cases a person may resist deportation and the GNIB will conduct a risk assessment to determine how many escorts are required. In addition, in cases where persons convicted of offences are being removed a higher number of escorts are typically required. Flight costs also can often be impacted by the need to make arrangements to enable escorts to return on the same flight in some instances, for the personal safety of the escorts. Travel bookings are approved on a case by case basis at senior level in both GNIB and Immigration Service Delivery (ISD). Additionally, only certain airport hubs allow deportations to be conducted which impacts on routes available and consequently the costs incurred. A final very significant contributor to costs are the additional costs incurred where flights have to be cancelled and rebooked at short notice, due to last minute legal or logistical issues. In complex cases this can arise on more than one instance in connection with an individual deportation.

Alan Kelly (Tipperary, Labour)
Link to this: Individually | In context | Oireachtas source

839. To ask the Tánaiste and Minister for Justice and Equality how many unsuccessful applicants for protection under the International Protection Act 2015 were evicted from direct provision in each of the years 2021, 2022 and 2023. [12172/24]

Helen McEntee (Meath East, Fine Gael)
Link to this: Individually | In context | Oireachtas source

Matters relating to accommodation are the responsibility of the Department of Children, Equality, Disability, Integration and Youth.

I can however advise the Deputy that my Department notifies the International Protection Accommodation Services (IPAS) when an application for international protection made by an IPAS resident has been finalised.

Such cases can be finalised by the making of a deportation order at the end of the substantive process, or a return order where an application for international protection has been found to be inadmissible.

Officials in my department also notify IPAS when a decision has been taken to grant a protection applicant either an international protection status, encompassing refugee status or subsidiary protection, or permission to remain in the State.

There is close cooperation between my Department, the Garda National Immigration Bureau and IPAS to identify people in IPAS accommodation that have been issued with Deportation Orders with a view to their removal. In practice, it is often the case that a person whose application has been unsuccessful will no longer be residing in IPAS accommodation at the point at which their case is finalised, and in some cases will have left some time previously.

Alan Kelly (Tipperary, Labour)
Link to this: Individually | In context | Oireachtas source

840. To ask the Tánaiste and Minister for Justice and Equality how many unsuccessful applicants for protection under the 2015 were provided with accommodation by the State outside of the IPAS structure in each of the years 2021, 2022 and 2023. [12173/24]

Helen McEntee (Meath East, Fine Gael)
Link to this: Individually | In context | Oireachtas source

As the Deputy will be aware, responsibility for material supports for international protection applicants are a matter for my colleague, the Minister for Children, Equality, Disability, Integration and Youth.

When an International Protection claim is being examined by the International Protection Office (IPO), the International Protection Accommodation Service (IPAS) under the Department of Children, Equality, Disability, Integration and Youth is responsible for the provision of accommodation and related services to applicants who wish to accept such services.

No person is required to stay in any accommodation that is provided by the State. However, applicants for international protection are required to cooperate with the international protection process.

This includes ensuring their Temporary Residence Card is in date and their address is up to date with the International Protection Office (IPO).

Alan Kelly (Tipperary, Labour)
Link to this: Individually | In context | Oireachtas source

842. To ask the Tánaiste and Minister for Justice and Equality how many decisions of the IPO on international protection were appealed to the International Protection Appeals Tribunal in each of the years 2021, 2022 and 2023. [12176/24]

Alan Kelly (Tipperary, Labour)
Link to this: Individually | In context | Oireachtas source

843. To ask the Tánaiste and Minister for Justice and Equality how many decisions of the IPO on subsidiary protection were appealed to the International Protection Appeals Tribunal in each of the years 2021, 2022 and 2023. [12177/24]

Alan Kelly (Tipperary, Labour)
Link to this: Individually | In context | Oireachtas source

844. To ask the Tánaiste and Minister for Justice and Equality how many decisions of the IPO under Dublin III were appealed to the International Protection Appeals Tribunal in each of the years 2021, 2022 and 2023. [12178/24]

Alan Kelly (Tipperary, Labour)
Link to this: Individually | In context | Oireachtas source

845. To ask the Tánaiste and Minister for Justice and Equality how many decisions of the IPO on the grounds of inadmissibility were appealed to the International Protection Appeals Tribunal in each of the years 2021, 2022 and 2023. [12179/24]

Alan Kelly (Tipperary, Labour)
Link to this: Individually | In context | Oireachtas source

855. To ask the Tánaiste and Minister for Justice and Equality how many appeals were lodged by email and hard copy, respectively, to the International Protection Appeals Tribunal in each of the years 2021, 2022 and 2023. [12189/24]

Helen McEntee (Meath East, Fine Gael)
Link to this: Individually | In context | Oireachtas source

I propose to take Questions Nos. 842, 843, 844, 845 and 855 together.

In July 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 improving the application, interview and decision-making process for applicants.

Reforms to the international protection process will continue in 2024. An additional €34m was allocated in Budget 2024 to the International Protection Office (IPO), the International Protection Appeals Tribunal (IPAT) and related areas to continue to scale up processing.

IPAT’s operational capacity is currently being significantly expanded to meet their increased caseload. Additional resources are being deployed through increasing the number of Tribunal members as well as further recruitment of administrative staff.

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

The table below shows the numbers of appeals received in IPAT in the years 2021, 2022 and 2023.

In 2023, the IPAT upheld 72% of the IPOs decisions.

The IPAT do not record a breakdown of whether appeals are received by hard copy or email.

Alan Kelly (Tipperary, Labour)
Link to this: Individually | In context | Oireachtas source

846. To ask the Tánaiste and Minister for Justice and Equality how many full-time decision makers were employed by the International Protection Appeals Tribunal in each of the years 2021, 2022 and 2023. [12180/24]

Alan Kelly (Tipperary, Labour)
Link to this: Individually | In context | Oireachtas source

847. To ask the Tánaiste and Minister for Justice and Equality how many external service providers, not employees of her Department and the International Protection Appeals Tribunal, have registered with the International Protection Appeals Tribunal in each of the years 2021, 2022 and 2023. [12181/24]

Alan Kelly (Tipperary, Labour)
Link to this: Individually | In context | Oireachtas source

848. To ask the Tánaiste and Minister for Justice and Equality how many external service providers, not employees of her Department and the International Protection Appeals Tribunal were asked to make decisions by the International Protection Appeals Tribunal in each of the years 2021, 2022 and 2023. [12182/24]

Alan Kelly (Tipperary, Labour)
Link to this: Individually | In context | Oireachtas source

849. To ask the Tánaiste and Minister for Justice and Equality how many external service providers trained by the International Protection Appeals Tribunal, not employees of her Department and the Tribunal received fewer than five appeals from the Tribunal for its consideration in each of the years 2021, 2022 and 2023. [12183/24]

Alan Kelly (Tipperary, Labour)
Link to this: Individually | In context | Oireachtas source

850. To ask the Tánaiste and Minister for Justice and Equality how many external service providers trained by the International Protection Appeals Tribunal not employees of her Department and the Tribunal received between five and ten appeals from IPAT for their consideration in each of the years 2021, 2022 and 2023. [12184/24]

Alan Kelly (Tipperary, Labour)
Link to this: Individually | In context | Oireachtas source

851. To ask the Tánaiste and Minister for Justice and Equality how many external service providers trained by the International Protection Appeals Tribunal not employees of her Department and the Tribunal received between 11 and 15 appeals from IPAT for their consideration in each of the years 2021, 2022 and 2023. [12185/24]

Alan Kelly (Tipperary, Labour)
Link to this: Individually | In context | Oireachtas source

852. To ask the Tánaiste and Minister for Justice and Equality how many external service providers trained by the International Protection Appeals Tribunal not employees of her Department and the Tribunal received between 15 and 25 appeals from IPAT for their consideration in each of the years 2021, 2022 and 2023. [12186/24]

Alan Kelly (Tipperary, Labour)
Link to this: Individually | In context | Oireachtas source

853. To ask the Tánaiste and Minister for Justice and Equality how many external service providers trained by the International Protection Appeals Tribunal not employees of her Department and the Tribunal received between 25 and or more appeals from IPAT for their consideration in each of the years 2021, 2022 and 2023. [12187/24]

Alan Kelly (Tipperary, Labour)
Link to this: Individually | In context | Oireachtas source

857. To ask the Tánaiste and Minister for Justice and Equality the person or body that the agreement is made with by external services providers for the provision of decision-making services in each of the years 2021, 2022 and 2023. [12191/24]

Helen McEntee (Meath East, Fine Gael)
Link to this: Individually | In context | Oireachtas source

I propose to take Questions Nos. 846 to 853, inclusive, and 857 together.

The International Protection Appeals Tribunal (IPAT) is a statutorily independent body and exercises a quasi-judicial function under the International Protection Act 2015.

The Tribunal consists of a Chairperson, two Deputy Chairpersons, and ordinary members appointed on either a whole-time or part-time capacity.

Tribunal Members are appointed by the Minister for Justice following an open competition run by the Public Appointments Service (PAS) in accordance with section 62(4) of the International Protection Act 2015. Part-time Tribunal Members, who are not public servants, are engaged on a contract for service and are paid on a fee per item basis in respect of completed decisions. This has been the long-standing mechanism for engaging such expectation, since the establishment of IPAT and in its predecessor organisation.

Members of the Tribunal, appointed by the Minister for Justice for a term of 5 years, consider appeals and make decisions in respect of the various matters that come before the Tribunal. They are the only persons engaged to make decisions on matters that fall within the jurisdiction of the Tribunal. All Tribunal Members are either barristers or solicitors with a minimum of five years’ professional experience.

All Tribunal Members receive extensive induction training when they are first appointed and engage in regular ongoing training.

Administrative staff of the Tribunal are civil servants and currently assigned to the Tribunal from the Department of Justice in accordance with s.61(4) of the International Protection Act 2015.

The table below shows the number of ordinary whole-time Tribunal Members appointed to the International Protection Appeals Tribunal who were engaged on contracts of service in each of the years 2021, 2022 and 2023. Please note these figures exclude the Chairperson and two Deputy Chairpersons.

The table below shows how many Tribunal Members were appointed to the International Protection Appeals Tribunal and engaged on contracts for services in each of the years 2021, 2022 and 2023. Numbers fluctuate throughout each year however, as Members resigned or Members’ terms expire. At the end of 2023 the Tribunal had 57 part-time Members. A Public Appointments Service recruitment competition is currently underway to significantly increase the number of part-time Members.

The table below shows the number of appeals assigned to both Whole and Part time Tribunal Members in each of the years 2021, 2022 and 2023.

Alan Kelly (Tipperary, Labour)
Link to this: Individually | In context | Oireachtas source

854. To ask the Tánaiste and Minister for Justice and Equality how much her Department and the International Protection Appeals Tribunal spent on external decision-making services in each of the years 2021, 2022 and 2023. [12188/24]

Alan Kelly (Tipperary, Labour)
Link to this: Individually | In context | Oireachtas source

858. To ask the Tánaiste and Minister for Justice and Equality how much external service providers were paid per decision in each of the years 2021, 2022 and 2023 and if the payment is subject to withholding tax. [12192/24]

Alan Kelly (Tipperary, Labour)
Link to this: Individually | In context | Oireachtas source

859. To ask the Tánaiste and Minister for Justice and Equality if there has been a request for additional or increased payment by service providers to her Department in each of the years 2021, 2022 and 2023. [12193/24]

Alan Kelly (Tipperary, Labour)
Link to this: Individually | In context | Oireachtas source

860. To ask the Tánaiste and Minister for Justice and Equality how much her Department and the International Protection Appeals Tribunal spent on translation services in each of the years 2021, 2022 and 2023. [12194/24]

Helen McEntee (Meath East, Fine Gael)
Link to this: Individually | In context | Oireachtas source

I propose to take Questions Nos. 854, 858, 859 and 860 together.

The International Protection Appeals Tribunal (IPAT) is a statutorily independent body and exercises a quasi-judicial function under the International Protection Act 2015.

The Tribunal currently consists of 6 whole-time members (including the Chairperson and 2 Deputy Chairpersons) and 57 part-time members.

Members of the Tribunal, appointed by the Minister for Justice for a term of 5 years, consider appeals and make decisions in respect of the various matters that come before the Tribunal. They are the only persons engaged to make decisions on matters that fall within the jurisdiction of the Tribunal. All Tribunal Members are either barristers or solicitors with a minimum of five years’ professional experience, and are appointed following selection by the Public Appointments Service.

All Tribunal Members receive extensive induction training when they are first appointed and engage in regular training throughout each year.

Administrative staff of the Tribunal are civil servants and currently assigned to the Tribunal from the Department of Justice in accordance with s.61(4) of the International Protection Act 2015.

The International Protection Appeals Tribunal (IPAT) uses an interpretation service provider for hearings where necessary.

The table below details amount spent on member fees, interpretation and translation costs by the IPAT in 2021, 2022 and 2023.

*Payments are chargeable to income tax under Schedule E

The table below details amount paid to tribunal members per decision in 2021, 2022 and 2023.

The fee per appeal paid to a part-time member of the International Protection Appeals Tribunal to deal with a case is based on a fixed amount per appeal with reference to the type of appeal and related factors. The fee schedule is set out in the following table:

Fees are paid upon the issue of the Tribunal’s decision to the appellant. Fees are subject to relevant deductions where applicable at source under the PAYE system i.e. tax, PRSI, the Universal Social Charge and, where applicable, pension related deductions. Travel and subsistence expenses is payable in respect of hearings and other Tribunal business transacted at locations other than at the Tribunal’s offices (Dublin). Fees are payable at current Department of Public Expenditure, NDP Delivery and Reform approved rates.

A submission was made in October 2023 to the Department containing proposals for a revision of the fee structure applicable to appeals coming before part-time members of the Tribunal. The submission is under consideration.

Alan Kelly (Tipperary, Labour)
Link to this: Individually | In context | Oireachtas source

856. To ask the Tánaiste and Minister for Justice and Equality when retaining external decision-making service providers, how much her Department and the International Protection Appeals Tribunal spent on couriers and An Post in transmitting papers to the service providers in each of the years 2021, 2022 and 2023. [12190/24]

Alan Kelly (Tipperary, Labour)
Link to this: Individually | In context | Oireachtas source

863. To ask the Tánaiste and Minister for Justice and Equality how much her Department and the International Protection Appeals Tribunal spent on facilities; and how much they spent on online hearing facilities, respectively, in each of the years 2021, 2022 and 2023. [12197/24]

Helen McEntee (Meath East, Fine Gael)
Link to this: Individually | In context | Oireachtas source

I propose to take Questions Nos. 856 and 863 together.

The International Protection Appeals Tribunal (IPAT) is a statutorily independent body and exercises a quasi-judicial function under the International Protection Act 2015.

As part of the ongoing modernisation of the international protection process, IPAT’s operational capacity is currently being significantly expanded to meet their increased caseload. A budget for 2024 of €9.23m has been provided for IPAT, which represents a significant increase on the €5.99m agreed for 2023.

Throughout 2023 and to date in 2024, the Tribunal has continued to conduct hearings both on-site and by way of remote audio-video technology, with the majority of hearings in 2023 (over 89%) having taken place via remote audio-video technology. The Tribunal also decides certain appeals on the papers, i.e. without an oral hearing.

The table below details how much was spent on on-line hearing facilities in 2021, 2022 and 2023.

The table below details how much was spent on IPAT facilities. Please note that as IPAT share a building managed by the Department, the Department pays facilities costs for the building. The figures below therefore comprise office costs specifically incurred by IPAT.

The table below details how much was spent by IPAT on couriers/ An post in relation to issuing papers to tribunal members papers in 2021, 2022 and 2023. Please note it is standard practice for Tribunal Members to collect papers in person from the IPAT office.

Alan Kelly (Tipperary, Labour)
Link to this: Individually | In context | Oireachtas source

861. To ask the Tánaiste and Minister for Justice and Equality how many appeals were scheduled to be heard online and how many appeals were heard online, in each of the years 2021, 2022 and 2023. [12195/24]

Alan Kelly (Tipperary, Labour)
Link to this: Individually | In context | Oireachtas source

862. To ask the Tánaiste and Minister for Justice and Equality how many appeals were scheduled for in-person hearings and how many in-person hearings were held in each of the years 2021, 2022 and 2023. [12196/24]

Helen McEntee (Meath East, Fine Gael)
Link to this: Individually | In context | Oireachtas source

I propose to take Questions Nos. 861 and 862 together.

The International Protection Appeals Tribunal (IPAT) is a statutorily independent body and exercises a quasi-judicial function under the International Protection Act 2015.

As part of the ongoing modernisation of the international protection process, many innovations were developed in-house and introduced by the Tribunal team over the last number of years. This includes the use of audio video technology for Tribunal hearing.

The majority of hearings in 2023 (over 89%) took place via remote audio-video technology. The Tribunal also decides certain appeals on the papers, i.e. without an oral hearing.

The table below show the number of appeals that IPAT scheduled both online and in person, and the number of appeals heard online and in person.

The Tribunal records a high number of hearing postponements and analysis carried out for 2023 shows that in the majority of cases, the postponement was granted at the request of an appellant or their legal representative. Reasons for such postponements include technical issues preventing the appellant from participating in an audio video hearing, the need for additional time for a legal representative to prepare for the hearing or to obtain relevant documents, or when the legal representative was unavailable on the date scheduled.

The Tribunal continues to work with its stakeholders to reduce the number of postponements in order to further increase efficiencies in the delivery of its statutory mandate.