Written answers

Tuesday, 17 February 2015

Department of Justice and Equality

Residency Permits

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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296. To ask the Minister for Justice and Equality the timeframe taken to assess an application for residency-leave to remain in respect of a person (details supplied) in County Monaghan; if the case of this person falls within this timeframe; and if she will make a statement on the matter. [6752/15]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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In my response to Parliamentary Question No.105 of 29 January 2015 I set out the Department's policy in relation to providing information on individual applications for asylum or subsidiary protection.

As regards the processing of subsidiary protection applications generally, the following information may be of interest to the Deputy. Responsibility for the processing of subsidiary protection applications rests with the Refugee Applications Commissioner under the European Union (Subsidiary Protection) Regulations 2013. The Commissioner announced in March 2014 that he is according priority to certain classes of applications for subsidiary protection. The legal basis for the prioritisation of applications is set out in the 2013 Regulations. Prioritisation relates solely to the scheduling of interviews and has no implications for any recommendation that might be made by the Commissioner. The classes of applications to be prioritised includes those cases longest in the system. The UNHCR as part of its mandate in relation to international protection has provided advice in relation to the prioritisation of applications.

Protection applicants are issued with a temporary residence permission pending a final decision on their application. It is only in circumstances where an applicant is refused a declaration that he or she is a refugee or a person eligible for subsidiary protection that leave to remain is then considered.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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297. To ask the Minister for Justice and Equality if residential status has been awarded in the case of a person (details supplied) in Dublin 22; if not, the reason for the delay over the past nine years; and if she will make a statement on the matter. [6755/15]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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In my response to Parliamentary Question No.105 of 29 January 2015 I set out the Department's policy in relation to providing information on individual applications for asylum or subsidiary protection.

It should be noted that in very many instances the delay in finalising cases is due to applicants initiating judicial review proceedings at various stages of the process. The length of time applicants spend in the protection/leave to remain process is a matter of concern and in that regard, the Deputy may be aware this is one of the principal issues currently being examined by the Independent Working Group set up to report to Government on what improvements can be made to the protection process, including Direct Provision and supports for asylum seekers. The Working Group is due to report to Government by Easter 2015.

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