Nicky McFadden (Longford-Westmeath, Fine Gael)
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Question 117: To ask the Minister for Justice and Equality his views on the length of time asylum seekers must wait for applications to be processed; and if he will make a statement on the matter. [9973/11]

Alan Shatter (Dublin South, Fine Gael)
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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 peals Tribunal (RAT) which make recommendations to the Minister for Justice and Equality on whether such status should be granted.

During 2010, the median processing time for asylum applications by the ORAC was 6 to 7 weeks from the date of application in the case of prioritised applications, and 9 weeks from the date of application in the case of non-prioritised applications. There were 541 cases on hand in the ORAC on 31 December, 2010. The median processing times for RAT appeals in 2010 was 33 weeks in the case of substantive appeals (cases involving an oral hearing) and 9 weeks in the case of accelerated appeals (appeals on the papers). On 31 December, 2010 there were 888 appeals on hand.

I would point out that some cases can take significantly longer to complete due to, for example, delays arising from medical issues, non-availability of interpreters or because of judicial review proceedings. All asylum applications and appeals are processed in accordance with the Refugee Act 1996 and high quality and fair decision-making in all cases continues to be a key priority at all stages of the asylum process. For the sake of completeness, I should also state that persons who are refused a declaration under Section 17 of the Refugee Act 1996 (as amended) enter what is commonly referred to as the "leave to remain" process which generally has two elements to it; an application for subsidiary protection and further consideration to be given under Section 3 of the Immigration Act 1999 (as amended). This is separate to the asylum or refugee status determination process.

The processing of cases at this point is also complex and extremely resource intensive given that where an application for subsidiary protection is lodged in addition to representations for consideration under Section 3 of the Immigration Act 1999 (as amended), the subsidiary protection application must be considered first to assess whether the applicant has an identifiable need for international protection. The investigation of such applications requires a fresh examination of the entire asylum file, the documentation and country of origin information submitted in support of the application, as well as an examination of objective, reputable, up to date country of origin information before a conclusion can be arrived at as to whether or not the applicant is likely to be exposed to 'serious harm' if returned to his/her country of origin. Where such an application is refused, consideration must then be given to the case in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), at which point the Minister must make a decision whether or not to make a deportation order in respect of the person. All of this must be done in strict compliance with the Constitution, together with relevant international law including the European Convention on Human Rights. It will be seen that these are not quick or easy decisions to make and, given the life changing consequences for the persons involved, these are decisions which must be taken with the most scrupulous care and attention.

I am taking steps to speed up the processing of these applications by redeploying staff from primarily the refugee determination bodies. The Immigration, Residence and Protection Bill 2010 which provides for the introduction of a single procedure to determine applications for protection and other reasons to remain in the State, should substantially simplify and streamline the existing arrangements. This re-organisation of the protection application processing framework will remove the current multi-layered processes and provide applicants with a final decision on their application in a more 'straight forward' and timely fashion.