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Written Answers — Department of Justice and Equality: Immigration Status (3 Jul 2014)

Frances Fitzgerald: I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person referred to is the subject of a Deportation Order and therefore has no entitlement to residency in the State. The person concerned initiated judicial review proceedings challenging the Deportation Order made in respect of him. Those proceedings were struck out in favour of the...

Written Answers — Department of Justice and Equality: Asylum Applications (3 Jul 2014)

Frances Fitzgerald: If the person whose details were supplied has made an application for asylum or subsidiary protection, the position is that it is not the practice to comment on such applications for so long as they are in the protection process.

Written Answers — Department of Justice and Equality: Subsidiary Protection Applications (3 Jul 2014)

Frances Fitzgerald: If the person whose details were supplied has made an application for asylum or subsidiary protection, the position is that it is not the practice to comment on such applications for so long as they remain in the protection process.

Joint Oireachtas Committee on Justice, Defence and Equality: Business of Joint Committee (2 Jul 2014)

Frances Fitzgerald: Of course.

Joint Oireachtas Committee on Justice, Defence and Equality: EU Regulation on Eurodac: Motion (2 Jul 2014)

Frances Fitzgerald: It is also in our own Refugee Act.

Joint Oireachtas Committee on Justice, Defence and Equality: EU Regulation on Eurodac: Motion (2 Jul 2014)

Frances Fitzgerald: Yes. It is also in our own Refugee Act. Sometimes we are not as aware of these things until we see it. The provision is already in Irish law, it is in Eurodac and we have had it from the beginning.

Joint Oireachtas Committee on Justice, Defence and Equality: EU Regulation on Eurodac: Motion (2 Jul 2014)

Frances Fitzgerald: Yes, it is a common European standard.

Joint Oireachtas Committee on Justice, Defence and Equality: EU Regulation on Eurodac: Motion (2 Jul 2014)

Frances Fitzgerald: Yes, if people seek asylum. One of the basic mechanisms we use to determine, for example, under the Dublin Convention, if they have already been in another country and if the other country is it should, for example. The Chair asked earlier about the numbers returning and I can say that it is mostly UK at 67%. If one wants to determine if the request should be dealt with, or what is the...

Joint Oireachtas Committee on Justice, Defence and Equality: EU Regulation on Eurodac: Motion (2 Jul 2014)

Frances Fitzgerald: It is a fairly basic procedure in terms of asylum seeking.

Joint Oireachtas Committee on Justice, Defence and Equality: EU Regulation on Eurodac: Motion (2 Jul 2014)

Frances Fitzgerald: Yes. They would have applied in Ireland first then gone back to the UK. Under the Dublin Convention they came back to Ireland to be assessed. Obviously people went the other way as well who had applied in the UK in the first instance and then came here.

Joint Oireachtas Committee on Justice, Defence and Equality: EU Regulation on Eurodac: Motion (2 Jul 2014)

Frances Fitzgerald: It is the country that plays the biggest part in their accessing a country of the European Union. That is how it is assessed.

Joint Oireachtas Committee on Justice, Defence and Equality: EU Regulation on Eurodac: Motion (2 Jul 2014)

Frances Fitzgerald: There is always a possibility as systems are not perfect. In Ireland any fingerprint record that comes back has to be checked by an expert at Garda headquarters, which is the authority for Ireland.

Joint Oireachtas Committee on Justice, Defence and Equality: EU Regulation on Eurodac: Motion (2 Jul 2014)

Frances Fitzgerald: We should remember that the provision primarily relates to asylum seeking and allows a law enforcement piece, with very strict conditions, as I have outlined. The situation is two-tier but only in the sense that we are opting-in and we have the potential to be part of the Prüm decision, as the Garda develop the technology. In the meantime, obviously, the Garda will access Interpol or...

Joint Oireachtas Committee on Justice, Defence and Equality: EU Regulation on Eurodac: Motion (2 Jul 2014)

Frances Fitzgerald: There is a procedure in place where the European Commission can initiate proceedings if the situation, as outlined, pertains. A decision can be made. At the moment, for different reasons, asylum seekers are not sent back to Greece, for example, and a special arrangement was put in place. That procedure is potentially there. To be helpful, in the Dublin regulation, where it is impossible...

Joint Oireachtas Committee on Justice, Defence and Equality: EU Regulation on Eurodac: Motion (2 Jul 2014)

Frances Fitzgerald: We have been involved before. This is the updated version of Eurodac. As I have already said, the United Kingdom has indicated it is opting-in. Obviously a lot of the issues, as I have said, regarding the Dublin Convention and the asylum seekers who come here, relate to the UK. I wish to mention that this provision does not come into force until 15 July so the earlier we can give an...

Joint Oireachtas Committee on Justice, Defence and Equality: EU Regulation on Eurodac: Motion (2 Jul 2014)

Frances Fitzgerald: This was discussed in the European Parliament and the arguments the Deputy is making were also considered by it. It felt that, on balance, the proportionality test had been agreed and worked through. It might be helpful to point out that Article 40 provides that by 20 July 2018 and every four years thereafter the Commission shall produce an overall evaluation of Eurodac, examining the...

Joint Oireachtas Committee on Justice, Defence and Equality: EU Regulation on Eurodac: Motion (2 Jul 2014)

Frances Fitzgerald: Yes.

Joint Oireachtas Committee on Justice, Defence and Equality: EU Regulation on Eurodac: Motion (2 Jul 2014)

Frances Fitzgerald: No, this is a separate measure which focuses very much on the use of Eurodac. The question about direct provision will be dealt with when we deal with the large immigration Bill and whether we decide to take out a part of that and deal with the protection issues alone. In my view that is probably the most effective way to deal with the issues surrounding the timeframe and the delays in the...

Joint Oireachtas Committee on Justice, Defence and Equality: EU Regulation on Eurodac: Motion (2 Jul 2014)

Frances Fitzgerald: The Garda made an application for European funding and was not successful. However, I understand another application is in train and that is currently being assessed. This is a very big project, so there is no timeframe at present. However, it would be important to have this level of technology available so we would be in a position to be as involved in the Prüm decision as possible....

Joint Oireachtas Committee on Justice, Defence and Equality: EU Regulation on Eurodac: Motion (2 Jul 2014)

Frances Fitzgerald: It is not a question of complying, it is just that the level of our technology at present is such that we are not able to make full use of the provision. However, the Government position is very much that we should opt in and in the meantime work towards developing the possibility of having, from the law enforcement point of view, the technology developed. The UK has already opted in....

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