Denis Naughten (Roscommon-South Leitrim, Fine Gael)
Link to this: Individually | In context

Question 437: To ask the Minister for Justice, Equality and Law Reform the steps which he is taking to address the delays in the asylum process; and if he will make a statement on the matter. [22288/07]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
Link to this: Individually | In context

As the Deputy is aware, applications for refugee status in the State are determined by an independent process comprising the Office of the Refugee Applications Commissioner (ORAC) and the Refugee Appeals Tribunal (RAT) which make recommendations to the Minister for Justice, Equality and Law Reform on whether such status should be granted.

Two types of processing caseloads exist in the ORAC and the RAT namely, applications which are prioritised on foot of a ministerial prioritisation direction made under section 12 of the Refugee Act, 1996 and cases in respect of which such a direction does not exist.

In relation to processing timescales for prioritised asylum applications, on 24 January 2005 my predecessor announced new arrangements for the speedier processing of such applications which were implemented with effect from 25 January. The new arrangements apply in the main to nationals of Nigeria, Croatia, South Africa and Romania and Bulgaria prior to their accession to the EU on 1 January 2007.

In terms of timescales at first instance for prioritised cases, an interview date is usually scheduled within 9-12 working days from the date of the initial application. These applications are normally finalised within a further 5 to 8 working days giving an average processing time of 17/20 working days from the date of application.

The average length of time taken by the Refugee Appeals Tribunal to process and complete prioritised appeals received from nationals of five countries — Nigeria, Romania, Bulgaria, Croatia and South Africa — between 1st July 2006 and 30th June 2007 was 6 weeks.

In the case of non-prioritised cases at first instance, an interview date is usually scheduled approximately 16 weeks from the date of the initial application. These applications are normally finalised within a further 4/5 weeks giving a total processing time of approximately 20/21 weeks from the date of application.

The average length of time taken by the Refugee Appeals Tribunal to process and complete substantive appeals received between 1st July 2006 and 30th June 2007 was approximately 16-17 weeks. Work is ongoing in the ORAC and RAT with a view to further reducing processing times for asylum applications. It should be noted, however, that the extent to which any period can be abridged is dictated in part by the necessity to allow an applicant a reasonable period in which to set out his or her claim in full. These safeguards are underpinned by the Refugee Act, 1996 itself. Also a range of factors can add to the complexity of cases notably where a case requires more than one interview or where the applicant is unable to attend an interview or hearing for valid medical reasons.

I should point out that following significant additional investment in the asylum determination process over the past six years, considerable progress has been made in processing asylum applications in the State and in the timescales involved. The Government has increased staffing in the asylum and immigration area from 22 in 1997 to a current sanctioned level of over 700. The Irish Naturalisation and Immigration Service is also currently developing three major information technology platforms representing a combined investment of €32 million approximately.

This is evidenced, for example, by the fact that the number of cases which are over six months old in the ORAC and the RAT stood at 2,018 on 31 August 2007, as compared to a figure of approximately 6,500 at the end of September, 2001.

As the Deputy will no doubt be aware, the Government in April 2007 published the Immigration, Residence and Protection Bill 2007. The Bill sets out a legislative framework for the management of inward migration to Ireland and represents a comprehensive overhaul of the State's immigration and protection laws. The Bill will integrate into the immigration code Ireland's processes for honouring our obligations under the 1951 Geneva Convention relating to the status of refugees and other international, including European Union, instruments designed to offer protection from persecution and other dangers. It also provides for a single protection procedure within which all grounds (protection or otherwise) on which a person may wish to remain in the State will be considered together at the same time. This contrasts with the present sequential processes for considering different aspects of the same basic question.

This new integrated process will bring the State into line with processes in other EU States and will result in the functions currently carried out by the Office of the Refugee Applications Commissioner being subsumed into the Irish Naturalisation and Immigration Service (INIS). The current independent appeal process for asylum claimants will remain with the establishment of the Protection Review Tribunal which will replace the Refugee Appeals Tribunal. This new body will have an expanded remit to consider, in addition to appeals against decisions not to grant refugee status, appeals against decisions not to grant subsidiary protection as defined in the EU Asylum Qualification Directive.