Colm Burke (Cork North-Central, Fine Gael)
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123. To ask the Tánaiste and Minister for Justice and Equality for the up to date position on the roll-out nationally of distinct family law courts; and if he will make a statement on the matter. [24868/25]

Colm Burke (Cork North-Central, Fine Gael)
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What action is the Department taking to reduce the application and appeals timeframe for international protection? Will the Minister make a statement on the matter, particularly in view of the fact that there has been a substantial increase in the number of applications in 2024, when there were 18,651 in total? What action is the Department taking to expedite the appeals process and to deal with applications overall?

Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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I thank the Deputy for his question. He specifically focused on the appeals tribunal but it is important to consider the position at first instance because that will really be the driver of the work for the appeals tribunal.

The process of hearing and determining appeals at first instance has speeded up very significantly, even in the past year. In 2024, the IPO delivered more than 14,000 decisions at first instance by comparison with 8,500 in 2023. Already in 2025, or in the first third of the year, the office has delivered nearly 7,000 decisions. If it keeps going at that rate, we should get to between 20,000 and 21,000 decisions at first instance this year.

Many of these decisions, although not all, are appealed to the International Protection Appeals Tribunal, IPAT. Let me give the up-to-date position. As of 2 May of this year, the appeals tribunal had 12,613 appeals on hand. When we consider the number of appeals it has completed to date in 2025, we see it has completed only 1,583. The Deputy will see we are getting on top of the number of decisions on applications at first instance, but regrettably that is not happening at the appeal stage of the process. However, we are resourcing the system much more and trying to get more tribunal members in to determine the appeals. It is recognised that we are going to be able to improve and increase the tribunal’s decision-making capacity.

We believe IPAT’s decision-making capacity will increase further this year, with a target of concluding more than 5,500 appeals by the year’s end, assuming the anticipated new members can be got on board quickly and trained and become effective.

Colm Burke (Cork North-Central, Fine Gael)
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As the Minister outlined, there are 12,600 appeals on hand, but there was a substantial increase in the number of applicants in 2023, when the figure was 13,277. In 2024, the figure was 18,651. In the first three months of this year, there were 3,021. This means an average of 1,000 per month, which is 12,000 per year.

We must consider how we can expedite the whole appeals process, deal with it more efficiently and get decisions made. This obviously means numbers because the sum of the applications for both 2023 and 2024 is 30,000 in real terms. This has to be dealt with really quickly because if the appeals are not dealt with in a timely manner, we will have further difficulties with accommodation and the deportation of those who are not here legally. I ask that every effort be made to improve the appeals process, appoint the additional staff to deal with the appeals and have timely delivery of decisions.

Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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The Deputy is correct that in trying to get a handle on, and gain control of, the appeals process, we also need to try to reduce the number of people coming to Ireland seeking asylum. We need to recognise that of the cases processed this year at first instance, more than 80% have been rejected. Regrettably, too many people are coming to Ireland claiming asylum who are not entitled to it.

I accept what the Deputy said about the appeals process: it needs to be expedited. We can expedite it through the recruitment of more tribunal members, and that is something we are doing. We are also going to change the process by which an oral hearing can be available in an appeal. At present, one is entitled to an oral hearing having already had an oral hearing at first instance. There is an oral hearing at first instance and there is an oral appeal. The general scheme of the international protection Bill, which I published earlier this month, will provide that only in exceptional circumstances would one be entitled to an oral hearing in the appeals process. That will expedite the process.

Colm Burke (Cork North-Central, Fine Gael)
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I accept what the Minister is saying. Both of us, coming from a legal background, will know we also have to be careful not only about the issue of constitutional rights but also about the fear regarding judicial review. Once an applicant enters a judicial review process, we have a difficulty. It is extremely important that we get the appeals process correct but it is also important that we have an efficient and effective appeals process that operates in a timely manner. I am really concerned about the numbers from 2023 and 2024. What numbers of appeals are pending since 2021, 2022 and 2023? Is there a breakdown of the figures for appeals still in the processing stage? That there are still appeals at stage means there are people here for more than four years who may not be legally entitled to be here.

Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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As I indicated previously, the number of appeals on hand for the appeals tribunal is in the region of 12,000. I cannot give a breakdown of the years from which they originate.

With regard to judicial review, there is a trend whereby people get a decision in the first instance and then appeal, and when they are rejected on appeal, they proceed to a judicial review. We also need to examine the judicial review system. A judicial review should not act as a stay upon an order that has been made by the appeals tribunal. We seem to just accept it as standard procedure that if a judicial review is initiated, the effect of the decision of the appeals tribunal is suspended. It should not be. I am going to examine this in the context of introducing legislation to deal with civil legal reform in the area of judicial reviews.

With regard to the oral hearings, there is no absolute right to an oral hearing at appeal stage. People have an oral hearing at first instance, and that is absolutely entrenched; however, just because someone has an oral hearing at first instance does not mean he or she is entitled to go through a full re-hearing at the appeal stage. We will, however, ensure that the appeals tribunal will in all instances have a record of what is said at oral hearings in the first instance.

Colm Burke (Cork North-Central, Fine Gael)
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Could I get a breakdown of the timeframe regarding the 12,600?

John McGuinness (Carlow-Kilkenny, Fianna Fail)
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I call Deputy Moynihan.