Dr. John Lannon:

While the standard procedure is six months, we do need to recognise as well that the border procedure is 12 weeks. We have major concerns about this. The application of border procedures should be the exception rather than the norm. It is all very well to aim for faster processing, but the system has to be one in which there is integrity and fairness. There is potential for a wide use of the border procedure in the proposed legislation we have and this has significant impact. There is currently no opportunity to request a review of a decision to refer an applicant to the border procedures. At the other end of the procedure, an applicant is likely, based on the current legislation, not to be granted an oral appeal, which is of major concern as well.

Specifically on how it is supposed to work now, the border procedure is used to an extent where anybody who comes to what is defined as an "external border crossing point" - which is quite broad in its definition and is essentially a screening centre - comes through a screening process. With that situation where, essentially, screening applies to virtually all applicants, with certain exceptions, too many people will end up in that process. When we consider we have people who may be victims of trafficking, victims of sexual violence or under 18 if the appropriate age assessment has not been done and that there is no ongoing assessment of the vulnerability, we have not got sight reception conditions and do not know if or how the reception conditions directive will be transposed, this is very concerning. While it may be all very well in the short term for a Government or officials to say they will not be putting significant numbers of people through border procedures, we cannot rely on that. The legislation cannot leave us in a situation where vulnerable people would end up in a 12-week process where we have inadequate capacity. We are forcing decisions that are not in the best interest of individuals and we are denying them the protection they deserve here.