Maureen O'Sullivan (Dublin Central, Independent)
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Question 231: To ask the Minister for Justice and Equality the reason for the drop in the rate of positive determinations for asylum protection applications from 38.7% to 2.9% between Q4 of 2009 and Q1 of 2010; if there are plans to improve Ireland's positive determinations rate for 2012 and to improve Ireland's overall rate in relation to the EU average of 25%, Q2 of 2011; and if he will make a statement on the matter. [8813/12]

Alan Shatter (Dublin South, Fine Gael)
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The statistical information quoted by the Deputy is not correct. The EUROSTAT figure referred to in respect of 2009 was the subject of revision as it erroneously included in the first instance protection recognition rate, figures in respect of failed asylum seekers who were granted leave to remain under the Immigration Act 1999 (as amended). The correct first instance recognition rate for Q4 2009 was in fact 4.7%.

As I have explained on a number of occasions, Ireland's overall first instance recognition rate cannot be readily compared with that for the EU. A large proportion of Ireland's asylum applications are processed under the Dublin II Regulation; are withdrawn or deemed withdrawn; or are made in respect of children under 3 years of age by parents who may have failed in their own asylum applications. In total, determinations in respect of these three categories of applicant accounted for over half of all refused applications at first instance in 2010. In addition, many EU states have particularly low numbers of decisions. For instance Estonia had just 40 decisions in all of 2010 with a refugee recognition rate of 37.5%. In cases such as this where there are low numbers of decisions made by certain member states it is difficult to make a meaningful comparison of recognition rates.

As I am sure the Deputy is aware, the Refugee Applications Commissioner has responsibility for investigating first instance asylum applications and is fully independent in the exercise of that function. The Commissioner has advised that every case is considered on its merits having regard to its subjective and objective elements.