Written answers
Thursday, 10 December 2009
Department of Justice, Equality and Law Reform
Asylum Applications
11:00 pm
Denis Naughten (Roscommon-South Leitrim, Fine Gael)
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Question 62: To ask the Minister for Justice, Equality and Law Reform the number of asylum applications which have been deemed withdrawn in each year from 2000 to date in 2009, due to their failure to inform the Irish Naturalisation and Immigration Service of their change of address; the number of such persons who have been issued with an intention to deport notification; the number deported; the number in each category; and if he will make a statement on the matter. [46122/09]
Dermot Ahern (Louth, Fianna Fail)
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The Immigration Act 2003, which was commenced on the 15th September 2003, contained a number of key changes to the Refugee Act, 1996 which enabled the processing of asylum applications to be speeded up and enhanced our ability to deal with abusive applications. These changes included the imposition on applicants of a clear statutory duty to actively pursue their asylum applications and co-operate at all times with the processing agencies or face having their applications deemed withdrawn.
The most common reasons for an application to be deemed withdrawn are where an applicant fails to attend for an interview at the Office of the Refugee Applications Commissioner (ORAC) without reasonable cause; an applicant fails to co-operate with the Refugee Applications Commissioner after having lodged his or her application; or an applicant fails to notify the Commissioner of his or her postal address or change of address.
Statistics are not maintained in a way which distinguishes between applications deemed withdrawn on the basis of applicants failing to notify the Refugee Applications Commissioner of their postal address or change of address and applications deemed withdrawn for other reasons. However, the Irish Naturalisation and Immigration Service (INIS) is currently reviewing the manner in which statistical information is being recorded and in that context it may be possible in the future to provide details in relation to the number of asylum applications deemed withdrawn due to the applicant's failure to inform the ORAC of their change of address.
The number of asylum applications deemed to be withdrawn in the period from 2000 to end of November 2009 are set out in table 1 below (asylum applications deemed to be withdrawn where the application was transferred to another Dublin Convention state are provided separately below).
Table 1 - Asylum applications deemed withdrawn 2000 - 2009 (30/11) (excluding asylum applications where the application was transferred to another Dublin Convention state)
Year | Asylum applications deemed withdrawn |
2003 | 402 |
2004 | 1,734 |
2005 | 802 |
2006 | 477 |
2007 | 1,777 |
2008 | 632 |
2009 (30/11) | 472 |
Where an asylum application is deemed to be withdrawn the applicant is served with a notice of intent to deport under section 3(3)(a) of the Immigration Act, 1999. A person served with a notice of intent to deport is afforded certain options, viz. to leave the State voluntarily; to consent to the making of a Deportation Order; to make an application for subsidiary protection; or to make representations in writing within 15 working days setting out reasons as to why a Deportation Order should not be made and why temporary leave to remain in the State be granted instead.
Statistics are not maintained in a way which distinguishes between deportations effected arising from applications deemed to be withdrawn and other deportations. The overall number of deportations issued and effected in the period from 2000 to end of November 2009 is set out in Table 2 below. Table 2 - Deportation Orders Issued and Effected 2003 - 2009 (30/11)
Year | All Deportation orders issued * | All Deportation orders effected * |
2003 | 1,977 | 591 |
2004 | 2,091 | 598 |
2005 | 2,186 | 395 |
2006 | 1,371 | 301 |
2007 | 400 | 139 |
2008 | 669 | 161 |
2009 (30/11) | 924 | 244 |
*Including failed asylum applicants
Section 22(8) of the Refugee Act (as amended), provides that where an asylum application has been transferred to another Convention country for examination or to a safe third country, the application shall be deemed to be withdrawn; see figures in Table 3 below.
Table 3 - Transfer Orders Effected 2003 - 2009 (30/11)
Year | No. of asylum applications transferred to Convention countries |
2003 | 0 |
2004 | 64 |
2005 | 209 |
2006 | 294 |
2007 | 225 |
2008 | 271 |
2009 (30/11) | 232 |
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