Written answers

Wednesday, 20 June 2012

Department of Justice, Equality and Defence

Subsidiary Protection

9:00 pm

Photo of Mary Lou McDonaldMary Lou McDonald (Dublin Central, Sinn Fein)
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Question 18: To ask the Minister for Justice and Equality his views on the very small numbers of persons who are awarded subsidiary protection compared to the large numbers that apply; and if he will make a statement on the matter. [29763/12]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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The great majority of subsidiary protection applications are from persons who have already been refused refugee status following consideration of their asylum claim by an independent process comprising the Office of the Refugee Applications Commissioner (ORAC) and the Refugee Appeals Tribunal (RAT). Each application for subsidiary protection is examined in my Department under S.I. 518 of 2006 European Communities (Eligibility for Protection) Regulations. In the great majority of cases decided upon in my Department it has been determined that applicants have not been eligible for subsidiary protection for reasons such as their account of previous harm lacking credibility, country of origin information from reputable sources is at odds with the applicant's claimed fear of serious harm and the availability of State protection in the country of origin of the applicant among others.

For the avoidance of any doubt, I should also state that every application for subsidiary protection is subject to a detailed assessment in accordance with the law and in accordance to the extensive jurisprudence that has developed in this area both here and internationally. In many of these cases, this detailed assessment can be up to 60 pages in length. Moreover, in making decisions on applications for subsidiary protection, the findings made in the asylum process are, of course, taken into account. As the Deputy will know, the Immigration Residence and Protection Bill 2010 will provide for refugee status and subsidiary protection applications to be decided in a single procedure. It is my intention to republish the Immigration Residence and Protection Bill 2010 later this year.

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