Catherine Connolly (Galway West, Independent)
Link to this: Individually | In context | Oireachtas source

192. To ask the Tánaiste and Minister for Justice and Equality if Ireland will opt-in to Regulation (EU) 2021/2303 on the European Union Agency for Asylum; and if she will make a statement on the matter. [52237/22]

Helen McEntee (Meath East, Fine Gael)
Link to this: Individually | In context | Oireachtas source

I can advise the Deputy that, on the 18 October 2022, Cabinet approved the proposal to opt-in to the measure referred to. This will now be followed by motions for approval in both Houses.

The EU Regulation establishing a European Union Agency for Asylum ((EU) 2021/2303) was adopted on 15 December 2021 and came into effect from 19 January 2022. The Regulation repeals and replaces an earlier Regulation (EU) 439/2010) establishing a European Asylum Support Office (EASO) which the State participated in.

The main purpose of the Regulation is to:

- build on the mandate of the European Asylum Support Office (EASO) and to turn it into a fully-fledged agency;

- improve the implementation of the Common European Asylum System (CEAS) by strengthening practical co-operation and information exchange among Member States;

- promote the convergence of asylum practice among Member States.

The enhanced mandate of the EUAA includes increased operational and technical support to Member States. To assist with this, an asylum reserve pool of 500 persons made up of experts from Member States is established under this Regulation. Ireland will be required to pledge experts to this pool if we opt-in to the Regulation.

In this regard, it is expected that Ireland’s pledge to the pool could be in the region of 5-10 experts. The principal purpose of the Regulation is to strengthen practical cooperation among the Member States on asylum and to help improve the implementation of the CEAS. The national authorities retain exclusive decision-making powers in relation to the examination of applications for protection in their territories.

Ireland opted-in to the Regulation establishing the European Asylum Support Office, which this Agency replaces. Opting in to the Regulation will ensure that we can continue to have access to training provided by the Agency as well as the many reports and analysis documents compiled by the Agency.

Furthermore, we will continue to be able to avail of the ad-hoc query facility, which enables Member States to collect information, in a relatively short timeframe, on asylum practices and procedures in other Member States.

Catherine Connolly (Galway West, Independent)
Link to this: Individually | In context | Oireachtas source

193. To ask the Tánaiste and Minister for Justice and Equality the total number of applications under the Afghan admission programme which have been brought forward to the second stage of the programme; and if she will make a statement on the matter. [52238/22]

Helen McEntee (Meath East, Fine Gael)
Link to this: Individually | In context | Oireachtas source

In response to the humanitarian situation in Afghanistan, my Department remains focused on processing applications for family reunification made under all admission avenues, including the Afghan Admissions Programme for family members of Afghan nationals living in Ireland.

The Afghan Admissions Programme is an additional avenue open to the relatively small number of Afghan nationals living here to bring close family members to live here with them. There are of course a number of other options already in place through existing immigration programmes that have also been availed of by members of the Afghan community in Ireland since the beginning of August 2021 to 19 October 2022, a total of 140 join family visas have been approved for Afghan nationals and 94 family reunification applications have been approved and we continue to also process these applications sympathetically.

I can inform the Deputy that my Department has received 528 applications to the Afghan Admission Programme and while no application has yet been approved under this Programme, a significant number of Afghan people have also been allocated places under the Irish Refugee Protection Programme (IRPP), which is under the remit of the Department of Children, Equality, Disability, Integration and Youth. My Department provides the visas to facilitate their travel to Ireland and almost 600 visa waiver letters have been issued to date.

I understand that this is a difficult situation for our Afghan community and their loved ones. I would also like to assure the Afghan community that applications under this Programme continue to be assessed in a pragmatic and humanitarian manner with a view to issuing decisions as soon as possible.

Considerable information was provided by my Department to assist proposers in Ireland filling out the application form for their family members. This included a detailed guidance document published in conjunction with the application form on 16 December 2021 and a Frequently Asked Questions document, drafted in light of queries received and published on 31 December 2021.

The guidance document also included a detailed checklist to assist proposers in ensuring that all of the requested information was provided.

The original closing date for the Programme was extended in consultation with civil society groups to allow proposers time to gather the required information and my Department continues to engage with these groups.

The information required to apply was to ensure that the Programme benefitted its intended beneficiaries, and that my Department was satisfied as to the identities of both the proposers and their family members coming to Ireland.

Where applicants are missing important information, such as proof of identity and familial relationships, my Department is contacting applicants directly to try to gather the required documents. This will help to ensure as many people as possible can avail of this important programme.

Catherine Connolly (Galway West, Independent)
Link to this: Individually | In context | Oireachtas source

194. To ask the Tánaiste and Minister for Justice and Equality if visa applications for Afghan family members of Irish citizens and Afghan nationals living in Ireland are still being processed “speedily and sympathetically”, as per her statement to Dáil Éireann on 16 June 2022 stating that “visa applications for Afghan family members of Irish citizens and Afghan nationals living in Ireland are being assessed speedily and sympathetically”; and if she will make a statement on the matter. [52239/22]

Helen McEntee (Meath East, Fine Gael)
Link to this: Individually | In context | Oireachtas source

In response to the humanitarian situation in Afghanistan, my Department remains focused on processing applications for family reunification made under all admission avenues, including the Afghan Admissions Programme for family members of Afghan nationals living in Ireland.

The Afghan Admissions Programme is an additional avenue open to the relatively small number of Afghan nationals living here to bring close family members to live here with them. There are of course a number of other options already in place through existing immigration programmes that have also been availed of by members of the Afghan community in Ireland since the beginning of August 2021 to 19 October 2022, a total of 140 join family visas have been approved for Afghan nationals and 94 family reunification applications have been approved and we continue to also process these applications sympathetically.

I can inform the Deputy that my Department has received 528 applications to the Afghan Admission Programme and while no application has yet been approved under this Programme, a significant number of Afghan people have also been allocated places under the Irish Refugee Protection Programme (IRPP), which is under the remit of the Department of Children, Equality, Disability, Integration and Youth. My Department provides the visas to facilitate their travel to Ireland and almost 600 visa waiver letters have been issued to date.

I understand that this is a difficult situation for our Afghan community and their loved ones. I would also like to assure the Afghan community that applications under this Programme continue to be assessed in a pragmatic and humanitarian manner with a view to issuing decisions as soon as possible.

Considerable information was provided by my Department to assist proposers in Ireland filling out the application form for their family members. This included a detailed guidance document published in conjunction with the application form on 16 December 2021 and a Frequently Asked Questions document, drafted in light of queries received and published on 31 December 2021.

The guidance document also included a detailed checklist to assist proposers in ensuring that all of the requested information was provided.

The original closing date for the Programme was extended in consultation with civil society groups to allow proposers time to gather the required information and my Department continues to engage with these groups.

The information required to apply was to ensure that the Programme benefitted its intended beneficiaries, and that my Department was satisfied as to the identities of both the proposers and their family members coming to Ireland.

Where applicants are missing important information, such as proof of identity and familial relationships, my Department is contacting applicants directly to try to gather the required documents. This will help to ensure as many people as possible can avail of this important programme.

Catherine Connolly (Galway West, Independent)
Link to this: Individually | In context | Oireachtas source

195. To ask the Tánaiste and Minister for Justice and Equality if her Department is developing a fast-track or prioritisation process for applications under the policy document for non-EEA family reunification, following a judgment (details supplied); and if she will make a statement on the matter. [52240/22]

Helen McEntee (Meath East, Fine Gael)
Link to this: Individually | In context | Oireachtas source

Long Stay Join Family visa applications are processed in accordance with the guidelines set out in my Department's Policy Document on Non-EEA Family Reunification, which can be found on my Department's immigration website: www.irishimmigration.ie.

The business targets for the processing of these applications reflect the detailed and often complex assessment that is required to be carried out in relation to applications for family reunification. However, it is important to note that these are business targets and do not suggest that a case not completed within the processing timeframe will result in a default decision in the applicant’s favour.

All Join Family visa applications are processed in chronological order based on date order of receipt in the relevant Embassy or Visa Office. Processing times for each individual Visa Office overseas will vary as a result of the differing volume and complexity of applications and the resources available in that office. It may also be necessary for officials of my Department to investigate, inquire into, or seek further information in relation to particular applications.

The Deputy can be assured that every effort is made to keep processing times to a minimum, and a number of measures have been put in place to deal with the increased demand for visas to come to Ireland. This has included the streamlining of visa processes where possible. The position in this regard is being kept under review and my Department is actively considering an accelerated procedure within the visa system for the cases the subject of the judgment concerned.

Family reunification applications are among the more complex applications in the immigration caseload. Irrespective of whether some form of family reunification pre-clearance is introduced, it is proposed that all cases should be the subject of a standardised application form. The introduction of an application form is required as it puts visa required and non-visa nationals on the same level in terms of fully setting out their circumstances in order to obtain a family Reunification status. It also ensures transparent and consistent information gathering which will assist both the applicant and the official considering the case.

Catherine Connolly (Galway West, Independent)
Link to this: Individually | In context | Oireachtas source

196. To ask the Tánaiste and Minister for Justice and Equality the number of international protection applicants deemed adult by the International Protection Office under Section 24 of the International Protection Act 2015 to date in 2022; and if she will make a statement on the matter. [52241/22]

Helen McEntee (Meath East, Fine Gael)
Link to this: Individually | In context | Oireachtas source

A person arriving in the State can seek to apply for international protection at a port of entry or at the offices of the International Protection Office (IPO). Where it appears to an immigration officer at the port of entry or the international protection officer at the IPO that the person seeking to make an application has not reached the age of 18 years and is not accompanied by an adult who is taking responsibility for the care and protection of the person, the officer shall, as soon as practicable, notify Tusla of that fact.

Based on the acceptance by Tusla of the unaccompanied minor into their services, it shall be presumed that the person concerned is a child and the Child Care Acts 1991 to 2013, the Child and Family Agency Act 2013 and other enactments relating to the care and welfare of persons who have not attained the age of 18 years shall apply accordingly.

Section 15(4) (b) of the International Protection Act 2015 provides that where it appears to Tusla on the basis of information, including legal advice available to it, that an application for international protection should be made on behalf of a person who has not attained the age of 18 years, in respect of whom Tusla is providing care and protection, it shall arrange for the appointment of an employee of Tusla or such other person as it may determine to make such an application on behalf of the child and to represent and assist the child with respect to the examination of the application.

Section 24 of the Act allows for an age assessment determination to be carried out on behalf of the Minister for the purposes of the International Protection Act 2015 due to new information or documentation received that has arisen during the assessment process of the application by an International Protection Officer.

Section 24 refers only to unaccompanied minor applicants who have had an application for international protection made on their behalf by Tusla under section 15(4) of the International Protection Act 2015.

To date in 2022 it has not been necessary to send any applicant for examination on behalf of the Minister to determine whether the applicant has not attained the age of 18 years.