Denis Naughten (Roscommon-South Leitrim, Fine Gael)
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Question 517: To ask the Minister for Justice, Equality and Law Reform, further to Parliamentary Question Nos. 119 and 121 of 4 October 2007, if a person has a time limit as to when they can make their initial application; the time limit for making an application to the refugee appeals tribunal; the average time from a decision of the refugee appeal tribunal to the issue of notice of intent to deport; and if he will make a statement on the matter. [23648/07]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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Asylum applications are considered at first instance, under the provisions of the Refugee Act 1996 (as amended), by the Office of the Refugee Applications Commissioner (ORAC). The determination process is comprehensive and includes an interview and the assessment of a claim having regard to both subjective and objective factors including the consideration of detailed country of origin information before a recommendation is made.

Section 8 of the Refugee Act, 1996 (as amended), sets out the circumstances in which an applicant can make an application for refugee status in the State. While, no time limit is specified, it is in the applicant's best interest to make an application as soon as possible on arrival in the State.

Asylum applicants can appeal negative recommendations of the Office of the Refugee Applications Commissioner to the Refugee Appeals Tribunal (RAT). The Refugee Appeals Tribunal is comprised of an independent chairperson and 30 ordinary Tribunal members at present. Section 13(4)(b) and 13(5)(a) of the Refugee Act 1996 set out the time limits for an appeal to the Refugee Appeals Tribunal, which for an appeal without an oral hearing is 10 days and for an appeal with an oral hearing is 15 days. The factors that determine if an appeal will be with or without an oral hearing are set out in Section 13(6) of the Refugee Act 1996.

Notices of intent to deport are issued under section 3(3)(a) of the Immigration Act, 1999. A person served with such a notice of intent to deport is, since the 10th October 2006, afforded four options, viz. to leave the State voluntarily; to consent to the making of a Deportation Order; to apply for Subsidiary Protection or to make representations in writing within 15 working days setting out the reasons as to why a Deportation Order should not be made and why temporary Leave To Remain in the State be granted instead.

From the date of receipt of a file by the Ministerial Decisions Unit, from either the Office of the Refugee Applications Commissioner or the Refugee Appeals Tribunal, the average time taken to the issuing of the Section 3 notice of intent to deport letter is between six and eight weeks. A significant amount of work is carried out in respect of each case prior to issuing a Section 3 notice of intent to deport letter; this includes checking that all documentation is correct and whether the applicant has lodged any other type of application.