Ivor Callely (Dublin North Central, Fianna Fail)
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Question 81: To ask the Tánaiste and Minister for Justice, Equality and Law Reform the progress that has been made regarding the processing of asylum applications over the past 10 years; the further improvements that are under consideration; and if he will make a statement on the matter. [6435/07]

Michael McDowell (Dublin South East, Progressive Democrats)
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Considerable progress has been made since 2000 in relation to the operation of the asylum determination process in the State. The progress achieved has been the result of a combination of factors including increased investment in the asylum determination agencies, the strengthening of the legislative framework for asylum and immigration generally, increased co-operation between Government Departments and agencies, increased co-operation with other States particularly in an EU context, as well as enhanced enforcement strategies by the Garda National Immigration Bureau.

A cornerstone of our approach to asylum has, and continues to be, continued commitment to the State's obligations under the 1951 Geneva Convention relating to the status of refugees. However, at the same time, we have been determined to address on an ongoing basis the high level of abuse of our asylum process by people seeking to gain entry to the State for purposes other than protection.

The Refugee Act, 1996 was commenced in full on 20 November, 2000. The Act placed the procedures for processing applications for refugee status on a statutory footing and resulted in the establishment of two offices to process asylum applications:

a Refugee Applications Commissioner who makes recommendations to the Minister for Justice, Equality and Law Reform as to whether a person should be granted or refused refugee status;

a Refugee Appeals Tribunal to deal with appeals against negative recommendations of the Refugee Applications Commissioner.

The Government also increased the level of resources employed in the asylum process to a situation where today, there is sanction for in excess of 740 staff for the asylum, immigration and citizenship areas.

We have also strengthened the legislative framework for processing asylum applications. The Immigration Act, 2003 which was commenced with effect from 15 September 2003 contained a number of key changes to the Refugee Act, 1996 which enabled processing to be speeded up but also enhanced our ability to deal with abusive applications. These included

the power to designate States as safe countries of origin.

the ability to prioritise certain categories of applications whether, for example, by nationality or country of origin.

the imposition on applicants of a clear statutory duty to actively pursue their asylum applications and to co-operate at all times with the processing agencies or face having their applications deemed withdrawn.

provisions to facilitate the enhanced use of the EU Dublin II Regulation which determines the EU State responsible for processing asylum claims.

A system of direct provision and dispersal was also established to provide for accommodation requirements of asylum applicants.

Recognising that immigration is a whole of Government issue, enhanced co-operation with other Departments in the area of immigration and asylum also resulted, for example, in changes in the social welfare system such as restricting access by asylum seekers to child benefit and rent supplements which tended to act as a pull factor in encouraging high levels of unfounded applications.

Finally, the Irish Naturalisation and Immigration Service (INIS) was established in 2005 in order to provide a "one stop shop" in relation to asylum, immigration, citizenship and visas. The INIS also facilitates a whole of Government approach to immigration and asylum issues which enables a more efficient service to be provided in these areas.

New arrangements for the speedier processing of prioritised asylum applications were implemented with effect from 25 January 2005 in respect of nationals of specified countries such as Nigeria. Average processing times for prioritised applications to the end of January 2007, have been 18 working days at ORAC and 15 working days at the RAT. Some 40% of all applications are presently covered by the prioritised caseload provisions.

The strategies and policies which I have outlined, have resulted in a considerable fall in the number of asylum applications received in the State over recent years. For example, the number of applications received in 2006 was 4,314, which represents a slight decrease on the 2005 figure and the lowest annual total since 1997. The 2006 total represents a 63% reduction on the 2002 high of 11,634.

Processing of asylum applications continues to move strongly. At the end December 2006, there were 924 applications on hands in the ORAC (with only 47 of these cases over six months old) which is a reduction of 21% on the 1,169 cases on hands at the end of December 2005. The backlog in ORAC has effectively been eliminated.

In addition, in 2006 interviews in ORAC were scheduled at the point of application for all cases with interviews to take place within 25 working days for non-prioritised cases and 9-12 working days for prioritised cases. The total number of cases on hands in the Office of the Refugee Applications Commissioner and Refugee Appeals Tribunal for over six months was 1,299 at the end of December 2006 compared to some 6,500 at the end of September 2001.

I am also glad to report that the level of progress which I have outlined in relation to asylum has enabled the Director General of the INIS to re-deploy considerable resources from the asylum determination system to enhance service provision in other immigration areas such as citizenship and visas.

The Government is determined to ensure that the progress which has been made in recent years is further consolidated in the years ahead. Central to this policy will be the enactment of the soon to be published Immigration, Residence and Protection Bill. In September 2006 the Government approved the drafting of this Bill which is a significant piece of legislation setting out, in a single code, comprehensive statutory procedures for the application of stated policies to the various stages of the immigration process: visas, entry to the State, protection, residence permits and their terms and conditions, and the process of removal where that is necessary.

In the area of protection, in particular, the Bill will further streamline the examination of applications for protection by introducing a single procedure to provide for one single examination of all the reasons why a person may wish to remain in the State — refugee protection, subsidiary protection and non-protection grounds. The Bill will also see the replacement of the cumbersome deportation process with a statutory obligation on individuals who are illegally in the State, and who are found to have no protection needs, to remove themselves or be removed by the Garda National Immigration Bureau.

The Bill will also provide for significant structural changes in the asylum process with the functions currently carried out by the Office of the Refugee Applications Commissioner being subsumed into the Irish Naturalisation and Immigration Service and the replacement of the Refugee Appeal Tribunal by a new Protection Review Tribunal with enhanced powers to ensure greater consistency of decision making.