Denis Naughten (Roscommon-South Leitrim, Fine Gael)
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Question 327: To ask the Minister for Justice, Equality and Law Reform the details of the language testing system used for verifying language and country of origin for asylum applicants; and if his attention has been drawn to the fact that there are concerns over the accuracy of some decisions being made based on these tests and that some testers are not familiar enough with the languages being tested. [37554/08]

Dermot Ahern (Louth, Fianna Fail)
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As the Deputy is aware the processing of asylum applications is done within the framework of the Refugee Act, 1996 (as amended) under which every asylum applicant is guaranteed an investigation and determination of his or her claim at first instance by the Office of the Refugee Applications Commissioner (ORAC). I presume the Deputy is referring in his question to the language analysis testing facility which has been availed of by ORAC.

There is ongoing evidence of persistent efforts to undermine Ireland's asylum system by persons making bogus applications, including persons claiming to be of a nationality or from an ethnic group other than their true nationality or ethnic group, in efforts to obtain status as a refugee in the State. The experience is that a significant number of asylum applicants produce no satisfactory, if in fact any, documentary evidence of their stated identity or nationality or method of travel to the State despite claiming in many instances to have flown here. This raises obvious concerns that the process may possibly be abused by persons seeking to establish a false identity for purposes unknown. In endeavouring to establish the veracity of asylum applications, while at the same time trying to uphold the integrity of the asylum system from abuse and to protect the interests of the State, it was decided to avail of the services of reputable and professional international language analysis companies.

Language analysis testing involves applicants attending at ORAC for an interview. There are two types of language analysis testing used by ORAC: direct and indirect. Direct language testing involves an interview being recorded and sent to the language analysis provider. Indirect language testing involves the applicant speaking directly over the phone to the language analysis provider. This conversation is also recorded. The recorded interview is then analysed by the language analysis provider to determine, as specifically as possible, the geographic origin of the applicant's language. A report is then submitted to ORAC. ORAC provides a copy of this report to the applicant and his/her legal representative. I am advised by the Refugee Applications Commissioner that he is satisfied with the professional standard and quality of the language analysis services being provided.

Regardless of any language analysis testing, every applicant for asylum is given a full opportunity of presenting his or her case at a substantive interview in accordance with the provisions of the Refugee Act 1996, as amended. These interviews are conducted by highly trained officers authorised by the Refugee Applications Commissioner for that purpose. The language analysis report, where requested, is used to assist with the overall evaluation of the asylum application and is considered in conjunction with all other elements of the asylum claim.

Denis Naughten (Roscommon-South Leitrim, Fine Gael)
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Question 328: To ask the Minister for Justice, Equality and Law Reform the details on the questionnaire that asylum applicants fill out; and if it is in the language of origin of the applicant or in English. [37555/08]

Dermot Ahern (Louth, Fianna Fail)
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I am advised by the Office of the Refugee Applications Commissioner (ORAC) that the questionnaire referred to by the Deputy comprises of 13 pages containing some 48 questions relating to the applicant's personal details and the basic reasons for the making of a claim for asylum. In the circumstances it is not practicable to list out the full contents of the questionnaire in this reply. In view of this I have arranged for the Deputy to be provided with a copy of the questionnaire, along with a copy of the 'Information Leaflet for Applicants for Refugee Status in Ireland' and other documentation provided to applicants when they make their application. Applicants are also advised of their entitlement to seek legal assistance with the making of their application.

I am informed by ORAC that where possible, the questionnaire is provided in the applicant's language of choice. ORAC currently has the asylum application questionnaire form available in 31 different languages.

Denis Naughten (Roscommon-South Leitrim, Fine Gael)
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Question 329: To ask the Minister for Justice, Equality and Law Reform the number of interview cancellations for asylum applicants, broken down by first and second interviews, for each year for the past two years and for each month of the past 12 months; and the average time-frame for rescheduling an interview for each of the past two years and for each month for the past 12 months. [37556/08]

Dermot Ahern (Louth, Fianna Fail)
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As the Deputy is aware the processing of asylum applications is done within the framework of the Refugee Act, 1996 (as amended) under which every asylum applicant is guaranteed an investigation and determination of his or her claim at first instance by the Refugee Applications Commissioner (ORAC). There are a variety of reasons resulting in the need to cancel the scheduled interviews arranged by ORAC. For example, cancellations can arise at the applicant's own request; interpreters not available; outbreak of infectious diseases such as chicken pox at accommodation centres; interviews brought forward, etc.

It is the policy of ORAC that all cancelled cases are re-scheduled for interview as soon as is practicable unless there are medical or other extenuating reasons. ORAC's scheduling policy is also kept under constant review. The length of time taken to reschedule an interview can vary widely depending on the original reason for cancellation. Records are not maintained in such a way so as to provide details on the time frames for rescheduling interviews or on whether cancellations are based on first or second interviews. Where an interview is cancelled, every effort is made by ORAC to substitute another applicant for interview instead.

Figures for the number of interview cancellations for the past 12 months and for the previous two years are outlined in the following tables. Cancellation of Interviews October 2007 — September 2008

Denis Naughten (Roscommon-South Leitrim, Fine Gael)
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Question 330: To ask the Minister for Justice, Equality and Law Reform the time-frame for asylum applicants to receive their first interviews, and in some cases, the second interview with his Department from arrival here for each of the past three years. [37557/08]

Dermot Ahern (Louth, Fianna Fail)
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As the Deputy is aware the processing of asylum applications is done within the framework of the Refugee Act, 1996 (as amended) under which every asylum applicant is guaranteed an investigation and determination of his or her claim at first instance by the Office of the Refugee Applications Commissioner (ORAC). The length of time taken to schedule applicants for interview differs depending on whether an applicant is dealt with under prioritised arrangements or not. With effect from the 25 January 2005, new arrangements for the speedier processing of applications from certain countries were implemented. These arrangements apply in the main to nationals of Nigeria, Croatia and South Africa. They also applied to Romania and Bulgaria prior to their accession to the EU on 1 January 2007.

Currently, the interview date for prioritised cases is scheduled within 9-12 days from the date of initial application. In the case of non-prioritised cases, the interview date is usually scheduled approximately 16 -18 working weeks from the date of the initial application. ORAC continues to schedule applicants for interview on the date of application unless there are medical or other compelling reasons. If it is necessary for an applicant to provide further material or clarification following the initial interview, a second interview is arranged, generally within 3-6 weeks of the initial interview depending on the nature of the material involved. The Refugee Applications Commissioner continues to keep the procedure for scheduling applications under ongoing review with a view to limiting the amount of time applicants have to wait for interview, without compromising an applicant's right to a fair and balanced examination of their case.

The average timescales for scheduling interviews in 2006 and 2007 are set out as follows. In 2007, non-prioritised cases were normally scheduled for interview between 10 and 18 weeks from date of application. In 2006, in relation to non-prioritised cases, the interview was normally within 4 weeks of application. For prioritised cases, in 2006 and 2007 the interview date was usually scheduled within 9 to 12 working days from the date of the initial application. Statistics are not maintained in a way that would make it possible to provide an exact timeframe for the scheduling of interviews in 2005.

Denis Naughten (Roscommon-South Leitrim, Fine Gael)
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Question 331: To ask the Minister for Justice, Equality and Law Reform the method by which his Department and the Health Service Executive age assess a minor when arriving unaccompanied here seeking asylum; the number of asylum applications that have been made in each of the past five years in respect of unaccompanied children; the number which have been successful; and the number of arrivees who state they are unaccompanied minors. [37558/08]

Dermot Ahern (Louth, Fianna Fail)
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Section 8(5)(a) of the Refugee Act 1996 (as amended) provides that, where it appears to an immigration officer or an authorised officer that a child under the age of 18 years who has arrived in the State and is not in the custody of any person, that child must, as soon as is practicable be referred to the Health Service Executive (HSE) and thereupon the provisions of the Child Care Act, 1991 apply to the child. As regards the HSE and the issue of age assessment, I am informed that the HSE has regard to the Separated Children in Europe Programme (SCEP) Statement of Good Practice, 2004 and the extract relating to 'Age Assessment' when dealing with cases of unaccompanied minors. The SCEP is a joint initiative of the International Save the Children Alliance and the United Nations High Commissioner for Refugees. For further details in this regard I would have to refer the Deputy to my colleague the Minister for Health and Children.

It is a matter for the HSE to determine whether it is in the child's interest to have an application for asylum made on their behalf. In the event that an application is made, the HSE then assists the minor throughout the asylum process, including accompanying the minor during the course of their interview. The HSE takes all necessary steps to ensure the safety and welfare of these young people.

The ORAC has ongoing experience of persons falsely claiming to be a minor. Where an authorised officer has concerns that the stated age of a person presenting as a minor is not their true age the person is interviewed with a view to assessing their likely age. This interview is carried out by staff who have been specially trained in dealing with unaccompanied minors. The applicant is told in simple terms (with the aid of an interpreter, if necessary) the purpose of the interview and the interview is carried out in an informal manner, with the applicant being reassured that the interview is not an examination of his/her asylum claim. The applicant is also requested to produce any verifiable documentation they may have to support their stated identity and age.

If, after the interview, the opinion is formed that the person may be an unaccompanied minor, a referral to the HSE will be made immediately in accordance with Section 8(5) (a) of the Refugee Act 1996 (as amended). Where a decision is made not to treat the applicant as a minor, this decision, and the reasons underpinning it, is communicated to the applicant in simple terms. This is promptly confirmed in writing to the applicant and, where relevant, his/her legal representative. It is also explained to the applicant that they may request an age reassessment. This second assessment is carried out by a more senior officer. If, as a result of the reassessment, an opinion is formed that the applicant is a minor, then he/she will be referred to the HSE. Otherwise, the applicant will be deemed an adult, and his/her progress through the asylum process will be on that basis. Where there is doubt as to age, the benefit of the doubt is given to the applicant.

The processing of applications for refugee status from unaccompanied minors has a number of child-specific features and has regard to a number of distinct factors including the UNHCR's Guidelines. The statistics requested by the Deputy on the number of applications for asylum from unaccompanied minors and the number which have been successful in each of the last five years (2003-2007) and in 2008 are set out in the tabular format.

Statistics are not maintained in relation to the number of persons who claim asylum initially as minors who are subsequently deemed to be adults.