Written answers

Tuesday, 19 January 2010

Department of Justice, Equality and Law Reform

Asylum Applications

9:00 pm

Photo of Denis NaughtenDenis Naughten (Roscommon-South Leitrim, Fine Gael)
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Question 602: To ask the Minister for Justice, Equality and Law Reform the average waiting time to process applications for subsidiary protection in accordance with the European Communities (Eligibility for Protection) Regulations; the number of applications awaiting a decision; the number received, approved and rejected in 2009; the steps he is taking to expedite the processing time; and if he will make a statement on the matter. [1561/10]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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Subsidiary Protection under the provisions of the European Communities (Eligibility for Protection) Regulations, 2006 is a form of international protection offered to those persons who do not meet the criteria for recognition as a refugee but who nonetheless claim a risk of serious harm in their country of origin if repatriated there. Each application for Subsidiary Protection in the State is considered on the basis of its individual merits, having regard for the claims made by the applicant and measured against objective, reputable, up to date information relating to the applicant's country of origin.

Against this background, the Deputy will appreciate that the consideration of applications for Subsidiary Protection is a resource intensive process. The average waiting time for the processing of such applications is 8.7 months, based on decisions made on such applications in 2009. However, due to the high number of applications being received and the fact that no two applications will be the same in terms of their nature and complexity, the processing times can vary from case to case. Every effort is being made to ensure that applications for Subsidiary Protection are processed as promptly as possible. Additional staff members have been deployed to this area and investment has been made in the development of technology required to support and speed up the processing of these applications.

At 31 December 2009, there were 2,996 Subsidiary Protection applications awaiting a decision.

The table below sets out the other statistical information requested by the Deputy.

Subsidiary Protection (SP) statistics for 2009

CategoryTotal
SP applications received2089
SP applications granted24
SP applications refused653

Photo of Denis NaughtenDenis Naughten (Roscommon-South Leitrim, Fine Gael)
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Question 603: To ask the Minister for Justice, Equality and Law Reform the average waiting time to process applications in accordance with section 4(2) of the European Communities (Eligibility for Protection) Regulations for admittance into the subsidiary protection process; the number of applications awaiting a decision; the number received, approved and rejected in 2009; the steps he is taking to expedite the processing time; and if he will make a statement on the matter. [1562/10]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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Regulation 4(2) of the European Communities (Eligibility for Protection) Regulations - Statutory Instrument No. 518 of 2006 - relates to my discretion to accept and consider an application for Subsidiary Protection from persons who do not have an automatic entitlement to apply for Subsidiary Protection i.e. persons in respect of whom Deportation Orders were signed before the coming into force of the Regulations on 10 October, 2006. In such cases, I may exercise discretion pursuant to Regulation 4(2) of these Regulations to accept and consider an application for Subsidiary Protection in instances where an individual has identified new facts or circumstances which demonstrate a clear change of position from that which obtained at the time the Deportation Order was made.

The average waiting time for the processing of such applications is four to six weeks, however, it can occasionally take longer where there are particularly complex issues associated with an individual application.

The Deputy might wish to note that records of incoming Regulation 4(2) applications are not maintained in a manner as would enable me to advise the Deputy of the numbers of such applications which were received in 2009 or indeed are awaiting a decision at present. However, given that the turnaround time for such applications is quite short, the number of such applications awaiting a decision at present is very small.

The table sets out the number of decisions made on such applications in 2009, broken down by reference to those applications which were approved and rejected.

Subsidiary Protection statistics under Regulation 4(2) for 2009

CategoryTotal
Total Regulation 4(2) Applications considered39
Regulation 4(2) Applications approved15
Regulation 4(2) Applications rejected24

Photo of Denis NaughtenDenis Naughten (Roscommon-South Leitrim, Fine Gael)
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Question 604: To ask the Minister for Justice, Equality and Law Reform the average waiting time to process applications for readmittance to the asylum process under section 17(7) of the Refugee Act, 1996, as amended; the number of applications awaiting a decision; the number received, approved and rejected in 2009; the steps he is taking to expedite the processing time; and if he will make a statement on the matter. [1563/10]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The average processing time for applications for readmittance to the asylum process under Section 17(7) of the Refugee Act 1996, is four weeks, from the date of receipt of all relevant information by the Ministerial Decisions Unit, of my Department. From January 2009 to December 2009, 102 applications were considered, of which 19 applicants where readmitted to the asylum process and 83 applicants were unsuccessful. There are 8 cases on hand awaiting processing.

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