Written answers

Tuesday, 15 February 2022

Department of Justice and Equality

International Protection

Photo of Catherine ConnollyCatherine Connolly (Galway West, Independent)
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564. To ask the Tánaiste and Minister for Justice and Equality the number of return orders issued under section 51A of the International Protection Act 2015. as amended, in total and individually to the United Kingdom. [7565/22]

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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I can confirm that no Return Orders have been issued in 2021 and no Return Orders have been issued to date in 2022, under the relevant Section of the International Protection Act 2015 (as amended).

The 2015 Act was amended by Part 18 of the Brexit Omnibus Act 2020, and the relevant provisions came into effect from 1 January 2021. The amendments do not apply to people whose applications were deemed inadmissible in 2020 or earlier.

The relevant amendments provide that a Return Order can be made for people whose applications for international protection are determined to be inadmissible. An application can be considered as inadmissible if the person arrived in the State from a safe third country (such as the UK), and if, among other matters, the person has a sufficient connection with the country concerned. The matters to be considered are set out in the amendment to section 21 of the 2015 Act, which is outlined in Part 18 of the Brexit Omnibus Act 2020.

An application may also be deemed inadmissible if, for example, the applicant has protection status in another EU Member State. A Return Order would also apply to these cases once determined as inadmissible.

A person to whom an inadmissible notification is sent may appeal the recommendation to the International Protection Appeals Tribunal (IPAT). A final determination will issue if the appeal is subsequently unsuccessful, allowing for a Return Order to issue.

Photo of Catherine ConnollyCatherine Connolly (Galway West, Independent)
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565. To ask the Tánaiste and Minister for Justice and Equality the number of cessations of refugee status and subsidiary protection status pursuant to sections 9 and 11 of the International Protection Act 2015 in 2021; and the number of persons excluded from refugee protection and subsidiary protection pursuant to sections 10 and 12 of the International Protection Act 2015. [7566/22]

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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The International Protection Act 2015, recognises, in accordance with international and EU law, that international protection ends under certain clearly defined conditions. Sections 9 and 11 of the 2015 Act set out the respective cessation provisions for both refugee status and subsidiary protection status and the situations where an international protection status that has been granted comes to an end.

Sections 10 and 12 of the 2015 Act set out the criteria by which individuals may be excluded from international protection because there are serious reasons/grounds for considering that they have, inter alia, committed various types of serious crimes, or that they are already receiving assistance from the United Nations, or that they have access to national or other protection.

There were no cessations of refugee status and subsidiary protection status under sections 9 and 11 of the International Protection Act 2015 in 2021. There was one person excluded from refugee protection and subsidiary protection pursuant to sections 10 and 12 of the International Protection Act 2015 in 2021.

Photo of Catherine ConnollyCatherine Connolly (Galway West, Independent)
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566. To ask the Tánaiste and Minister for Justice and Equality the number of international protection applicants who have been issued a final negative decision from the Ministerial decisions unit as per section 47(5) of the International Protection Act 2015 in each of the years 2016 to 2021. [7567/22]

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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The table below sets out the statistics sought by the Deputy in each of the years requested.

Year Decision Made No. of People in Receipt of a Ministerial Decision to Refuse International Protection*
2016 2,029
2017 394
2018 537
2019 1,679
2020 936
2021 971
TOTAL 6,546

*Figures relate to the year in which the decisions were made and not to the year in which the applications were made.

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