James Browne (Wexford, Fianna Fail) | Oireachtas source

I thank Deputy Flaherty for raising this very important matter, which I am taking on behalf of the Minister, Deputy McEntee. I know that it has been a cause of concern and that some Deputies have contacted the Minister directly over recent days to express that concern.

Our objective is to have decisions made on international protection applications and permission to remain considerations as quickly as possible. This ensures that those who are found to be in need of our protection can receive it quickly and begin rebuilding their lives here with a sense of safety and security. For those found not to be in need of protection, we can offer them assistance to return to their home country. This objective of timely decision making is shared by the expert group led by Dr. Catherine Day, whose report the Ministers, Deputies O'Gorman and McEntee, published very recently.

During the early stages of the pandemic, it was decided to issue positive recommendations from the International Protection Office only. This was to ensure that applicants with negative recommendations were not disadvantaged by the time limits set out in the legislation within which to make an appeal or to request a review of a refusal of permission to remain. As substantive processing and appeal hearings recommenced in more recent months, so too did the issuing of negative decisions. While the number of negative decisions has not increased, there has been a build-up in the issuing of such decisions, with a higher volume than normal issuing in recent weeks.

The letters referred to by the Deputy inform people of their negative international protection decision and that they no longer have permission to remain in the State. Such persons are required to confirm within five days if they will accept the option of voluntary return, for which my Department provides assistance. If they do not confirm that they will leave voluntarily, a deportation order is made against them. The five-day timeline is set down in primary legislation and so must be adhered to in official correspondence. However, I understand a pragmatic approach is taken and, to be clear, the person is not required to remove themselves from the State within five days; they are required to indicate an intent to do so. Obviously, the time taken for relevant voluntary return arrangements to be made will take into account all factors, including Covid restrictions and the limitations to travel these have created. That said, I do accept that particular issues arise with level 5 restrictions and that the letters may have inadvertently caused distress. The Minister, Deputy McEntee, has asked her officials to review the process of issuing such letters for its duration.

I might add that Dr. Day's expert group has recommended that the five-day period for deciding whether to accept voluntary return should be extended to 30 days and that children and students should be allowed to finish the school year before departure. These, along with all other recommendations relevant to the work of the Department of Justice, will be actively considered by a programme board established for this purpose. This board's work will feed into the development of the White Paper by the end of this year, in line with the programme for Government commitment.

While I obviously cannot speak to the specific case the Deputy has raised, I will bring his comments to the attention of the Minister.

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