Written answers
Tuesday, 24 June 2014
Department of Justice and Equality
Asylum Applications
Thomas Pringle (Donegal South West, Independent)
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486. To ask the Minister for Justice and Equality further to Parliamentary Question No. 546 of 17 June 2014, her proposals for dealing with those in the direct provision system in view of the fact that the single procedure would not benefit these people; and if she will make a statement on the matter. [27265/14]
Frances Fitzgerald (Dublin Mid West, Fine Gael)
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At present the procedure applied to applications for international protection in Ireland is sequential. An application is first examined in order to determine if the applicant is eligible for refugee status. If the applicant is found not to be a refugee a second application can be examined in order to determine if the applicant is eligible for subsidiary protection. By contrast, under a single procedure, following a single examination, the applicant is subject first to a determination as to whether he or she is a refugee, and if not, is then subject to a determination as to whether he or she is eligible for subsidiary protection.
The introduction of a single procedure for new applicants would raise the question as to what extent the new procedure could be applied to old cases. In reality this arises only in the case of applicants who have not yet received a final decision regarding their application for refugee status. In respect of these applicants it could be possible, consistent with the requirements of legal certainty and administrative practicality, to apply a single procedure while respecting determinations already made. Therefore, the benefits of introducing a single procedure would not necessarily be limited to new applicants.
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