Written answers

Tuesday, 21 February 2017

Department of Justice and Equality

Refugee Status Applications

Photo of Catherine ConnollyCatherine Connolly (Galway West, Independent)
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112. To ask the Minister for Justice and Equality the reason the international protection questionnaire is not publicly available; when the questionnaire will be made available; if she will supply a copy of the questionnaire (details supplied); and if she will make a statement on the matter. [8719/17]

Photo of Catherine ConnollyCatherine Connolly (Galway West, Independent)
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113. To ask the Minister for Justice and Equality if she will provide an urgent extension of time from three weeks to at least ten weeks for persons to complete the international protection questionnaire (details supplied); and if she will make a statement on the matter. [8720/17]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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I propose to take Questions Nos. 112 and 113 together.

As the Deputy will be aware, the International Protection Act 2015 was commenced on 31 December 2016. The Act provides for the introduction of a single procedure which enables all grounds for seeking international protection and permission to remain in the State for other reasons to be examined and determined in one process. The new procedure brings the State into line with protection processing arrangements in all other EU States and gives effect to one of the main recommendations of the McMahon report.

Under the Act, the Office of the Refugee Applications Commissioner (ORAC) has been abolished and responsibility for the investigation and determination of applications for international protection and related permission to remain matters has transferred to a new International Protection Office (IPO) in the Irish Naturalisation and Immigration Service. The IPO is statutorily independent in the performance of its international protection functions.

A comprehensive information process has been put in place by the Irish Naturalisation and Immigration Service and the new International Protection Office to ensure that applicants and their legal representatives are aware of the provisions of the new legislation and particularly how it will impact on applicants who are affected by the transitional arrangements. The transitional arrangements apply to certain applications for refugee status and subsidiary protection which were made before the commencement date and were not finalised for processing by the ORAC and the Refugee Appeals Tribunal (RAT).

I am informed by the Chief International Protection Officer that, as is required by the 2015 Act, in late January/February 2017 the IPO, in addition to placing advertisements in the national media, wrote to approximately 3,000 applicants whose cases were not finalised by the ORAC or the RAT to inform them of the relevant provisions of the 2015 Act and how the transitional provisions would affect their applications. This information was made available in some 17 languages. All applicants received the following documents with the mailshot

- Information Note - Transitional Arrangements (IPO 12),

- Information Booklet for Applicants for International Protection (IPO 1) and,

- Application for International Protection Questionnaire (IPO 2).

On 30 January 2017, the IPO wrote to all legal representatives on record providing information on the new legislation. The legal representatives received copies of the main template letters sent to the applicants along with the Information Note on transitional arrangements (IPO 12). In addition, notices were circulated to Direct Provision centres in relation to the mailshot.

I am also informed by the Chief International Protection Officer that he has held a number of meetings with Non-Governmental Organisations and the UNHCR, through the IPO Customer Liaison Panel, to brief them on the arrangements for the commencement of the Act and for the notification of applicants in relation to the transitional provisions and how these will be operated in practice.

I understand also that additional resources have been provided to the Legal Aid Board to provide advice and assistance to applicants with their applications.

I can inform the Deputy that the letters sent to applicants in January/February 2017 made clear that the Application for International Protection Questionnaire (IPO 2) should be returned "if possible, no later than 20 working days from the date of the covering letter". However, this is purely an administrative deadline and flexibility is being provided by the International Protection Office if extra time is required for its completion and the receipt of legal advice, where required. I understand the IPO has again written to the members of the Customer Liaison Panel to remove any doubt on that score. The IPO, however, remains anxious to re-commence the processing of international protection applications under the 2015 Act on a comprehensive basis and the return of completed Questionnaires and accompanying documents as soon as possible by applicants will assist this process. There is also provision for supplementary information to be provided subsequent to the completion of the questionnaire. Any such additional information should be provided not later than two weeks before the applicant's scheduled interview, if possible.

In relation to the availability of the questionnaire, under the 2015 Act applicants are required to apply in person for international protection either at the frontier or within the State. At that time and in line with the requirements of the 2015 Act, applicants in the IPO are fingerprinted, photographed, issued a reference number and a Temporary Residence Certificate. Normally at that time, the IPO provides the International Protection Questionnaire and an accompanying information pack. In order to maintain the integrity of the Questionnaire and the application process generally, it has never been the practice to make the questionnaire available publicly or online. Such publication would leave the process open to abuse by non-applicants and those who are not at the frontier or within the State as required by law. Additional copies of the questionnaire are, however, provided to applicants and their legal representatives, on request, once their application reference numbers have been assigned.

You will appreciate that the commencement of the International Protection Act 2015 represents the most fundamental reform of the International protection process in the State for nearly two decades. The single procedure process, which should be compared with the previous multi-layered process involving multiple bodies and procedures, will result in the determination of status for applicants at a much earlier stage than has been the case to date, and consequently, shorter stays in the Direct Provision system.

While it is recognised that, for a transitional period, applicants will be required to become familiar with the new arrangements, I can assure the Deputy that support will be provided by the International Protection Office and other relevant State authorities to ensure that clarity is available to applicants on the new arrangements and how they will impact on individual cases.

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