John Gormley (Dublin South East, Green Party)
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Question 23: To ask the Minister for Justice, Equality and Law Reform if his attention has been drawn to the comments contained in Amnesty International's Report 2006, warning that further flashpoints similar to the recent hunger strike by Afghani men will continue to occur under our current asylum system; the plans he has to review the asylum process; and if he will make a statement on the matter. [22206/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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I have noted the very brief comments on asylum seekers contained in the section on Ireland in Amnesty International's 2006 Report.

I am strongly of the view that the State has a comprehensive asylum system in place which is both fair and transparent and compares well with other EU States. Indeed this fact was recently acknowledged by a former UNHCR Representative to Ireland who is quoted as stating that Ireland is now a model for the new Member States of the European Union and that "we now have a system which, in many respects, is one of the best in Europe".

The Refugee Act 1996 established two independent statutory offices to consider applications and appeals in respect of refugee status and to make recommendations to the Minister for Justice, Equality and Law Reform on whether such status should be granted. These offices are the Office of the Refugee Applications Commissioner (ORAC) and the Refugee Appeals Tribunal (RAT).

Both agencies are highly resourced and staff members receive specialised, UNHCR-based training before processing cases. Due regard is also had to particularly vulnerable applicants, such as minors or victims of trauma, and appropriate training is given towards the sensitive processing of such claims.

When an applicant claims asylum, that applicant is provided with all the necessary information governing the asylum process, including a detailed information leaflet which is available in 31 languages.

Every asylum applicant is guaranteed an investigation and determination of his or her claim at first instance by the Refugee Applications Commissioner. Each application is assessed on the basis of the circumstances of the individual case and having regard to both the subjective elements (the applicant's own account or personal history) and objective elements (up-to-date information on the applicant's country or place of origin). This country of origin information comes from a wide variety of objective and respected sources, including organisations such as the UNHCR, Amnesty International, Human Rights Watch, UK Home Office, US State Department and other EU member states as well as media and internet sources.

In the event of a negative recommendation at first instance, our system also guarantees every asylum applicant a right of appeal to the independent Refugee Appeals Tribunal. Every appellant is furnished with a copy (in the language of their own country where possible) of the Tribunal's information leaflet, which sets out the appeals process in full.

It is important to note that under section 13 of the Refugee Act 1996, a copy of the Refugee Applications Commissioner's report, containing the findings and recommendation of the Commissioner, is sent to the applicant concerned and his or her solicitor (if known). The applicant, prior to submitting an appeal, is also furnished with all other relevant ORAC papers, such as the notes of the first instance interview. Similarly, under section 16 of the 1996 Act, the decision of the RAT is communicated to the applicant concerned and his or her solicitor. This indicates all the relevant papers which have been taken into account (and evidence adduced at the oral hearing where relevant) in reaching the decision, which also sets out the reasons for either affirming or setting aside the Commissioner's recommendation.

The transparency of the appeals process was enhanced on the 31 March this year when a selection of decisions of the RAT were published, pursuant to section 19 of the 1996 Act. It is the intention of the Chairperson of RAT to publish further decisions on an ongoing basis into the future.

Also important to note in terms of fairness is that access to legal assistance at all stages of the process is provided by the Refugee Legal Service and, under the provisions of the Refugee Act 1996, UNHCR is given full access to our refugee determination process.

In addition to a comprehensive first instance determination and an appeal, applicants have the opportunity to access the courts by seeking judicial review on procedural aspects of the decision-making.

Over recent years, very considerable work has been undertaken in ORAC and the RAT, to deal with applications for asylum and to speed up processing times. The work involved has resulted in a situation where:

—Processing has continued to move strongly in both ORAC and RAT. At the end of April 2006 there were 2,593 cases on hands in both agencies compared to some 5,542 cases on hands at the end of April 2004.

—The number of applications over six months in ORAC and RAT at the end of April 2006 stood at 524 as compared to some 6,500 at the end of September 2001. The backlog of applications has been effectively eliminated in ORAC with only 55 cases on hands over six months at the end of April 2006 and some 469 in RAT a significant number of which are at an advanced stage of processing.

—There is continued momentum in processing timescales for asylum applications with arrangements for the speedier processing of prioritised asylum applications (from nationals of Nigeria, Romania, Bulgaria, Croatia and South Africa) introduced in January 2005, with an 18 working day processing time at first instance in ORAC and 15 working days at appeals stage in RAT. Currently, approximately 40% of total applications fall into the prioritised category.

—With effect from 1 November 2005, all applicants for asylum are notified of their interview date by ORAC at the time they make their applications. The interview appointment is normally within 20 working days of application. However, for those applicants within the prioritised category, interviews in ORAC are held, more speedily, within 9 to 12 days.

—The typical processing time in the ORAC for non-prioritised cases is in the region of 8-9 weeks. The average length of time taken to process and complete substantive appeals in the RAT is approximately 14 weeks.

I should also point out that very strong protections are afforded to individuals under section 5 of the Refugee Act, 1996 against refoulement and the opportunity is also provided to make representations to the Minister on a large number of grounds under section 3(6) of the Immigration Act, 1999 at pre-deportation stage.

I am also of the view that our present system of dispersal and direct provision which is referred to in the 2006 Amnesty Report, continues to provide an appropriate framework to meet the needs of asylum applicants while their applications are being processed. The Reception and Integration Agency (RIA) is responsible for the accommodation of asylum seekers through the Government policy of direct provision. Through this policy, asylum seekers are provided with full board accommodation as well as ancillary services including medical supports, family supports and community welfare supports. The RIA provides asylum seekers with decent, reasonable accommodation to a level where it is on a par with, and in many cases exceeds, that available in other European countries.

Finally, I would point out that in April 2005, I published a public Consultation Document setting out outline policy proposals for an Immigration and Residence Bill. This document noted that the State is required to introduce a subsidiary protection regime under EU law later this year. This provides an opportunity of which I intend to avail to re-examine, in the light of the experience of the last decade, how protection claims are dealt with under present law including at appeals stage. I will be bringing proposals to Government in this regard in the coming weeks.