Written answers

Wednesday, 25 October 2023

Department of Justice and Equality

Asylum Seekers

Photo of Peadar TóibínPeadar Tóibín (Meath West, Aontú)
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138. To ask the Tánaiste and Minister for Justice and Equality how many people who have come through or are in the asylum application process and are resident in Ireland have criminal records; and how many people who have come through or are in the asylum application process and who were resident in Ireland have been sent home in each of the past five years and to date in 2023 as a result of having a criminal record either gained abroad or in Ireland. [46800/23]

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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The State is required to examine the application of anyone who presents at the borders of the State, or is in the State, and indicates that they wish to make an application for international protection. This is in accordance with our obligations under international and EU asylum law and the Government takes those commitments very seriously.

My Department takes all necessary steps to manage the international protection process efficiently and effectively, while ensuring the integrity of those processes is maintained at all times.

The establishment of an applicant’s identity and nationality is an important feature of every immigration process and this is especially so in the context of persons who enter the Irish State for the purposes of making a claim for international protection. Each application for international protection is examined in detail on its individual merits, taking all factors into account.

Any and all criminal convictions are considered when processing an international protection application. An Garda Síochána notify the Department of matters which may be relevant to its examination of an application.

Any person being considered for a grant of status (refugee status, subsidiary protection or permission to remain) will have a character and conduct check (including checks for criminality) carried out in respect of them before any such status is conferred on them.

Each applicant has their fingerprints checked against the Eurodac system which allows officials to establish if the applicant has previously applied for international protection in another Member State.

In relation to persons seeking international protection who have committed a crime outside the state, this may or may not be material to their international protection claim. If a person has committed a serious crime in their country of origin, this can form a basis for having them ‘excluded’ from being declared a refugee or from gaining subsidiary protection status in the State. Similarly, a person granted a refugee or a subsidiary protection status can have their status revoked in certain prescribed circumstances, as set out in section 52 of the International Protection Act 2015.

Data is not collated in a manner which provides the number of international protection applicants who have been removed as a result of having a criminal record gained abroad or in Ireland.

I want to assure the Deputy that the Immigration Services maintain ongoing contact with An Garda Síochána and the Irish Prison Service in relation to such individuals and it is a priority of the Immigration Services to seek the removal or deportation of any person posing a threat to public safety or security.

Photo of Peadar TóibínPeadar Tóibín (Meath West, Aontú)
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139. To ask the Tánaiste and Minister for Justice and Equality how many asylum applicants have failed the asylum application process in each of the past five years and to date in 2023; and how many of this cohort have left Ireland and-or have been removed from Ireland in the corresponding timeframe. [46801/23]

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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My Department takes all necessary steps to manage the international protection process efficiently and effectively, while ensuring the integrity of those processes is maintained at all times.

The data in the table below show the latest statistics on decisions made.

Latest Decision Made per Applicant for International Protection from 2019 to September 2023*

Decision Year Refugee Status (RS) Grants Subsidiary Protection (SP) Grants Permission to Remain (PTR)

(1st Instance and Final Decision)
Refusal All (RS, SP & PTR) Total Decisions
2019 951 163 427 1068 2609
2020 1032 153 316 616 2117
2021 1105 95 1148 16 2364
2022 1926 95 2851 1140 6012
2023 (up to 30.09.2023) 1967 136 861 903 3867
Total 6981 642 5603 3743 16969
Table 1 * –Latest decision made per applicant for International Protection/Asylum from 2019 to September 2023. Changes may occur due to data cleansing, permission revoked and if applicant appeals and a further final decision is made. There is no correlation between year of application and year decision is issued.

It must also be acknowledged that those who do not have a legal right to remain in this country must return to their own country.

A decision to effect a deportation order is taken following fair procedure and when the individual concerned has gone through all available avenues for appeal.

The table below contains details of persons confirmed deported and those confirmed deported following unsuccessful International Protection applications.

A person who has sought international protection is only subject to a deportation order when they have either not engaged with the application process or their case has been considered in detail and all available appeals processes have been exhausted. In the period 2018 until 30/09/2023 2,499 deportation orders were signed. During this period 232 people with deportation orders were escorted from the State.A further 206 people left after a deportation order was served on them.

Some people who apply for international protection process avail of a voluntary return programme or are offered the possibility of voluntary returning. Since 2018 up until 30/09/2023, 201 people have left the State on voluntary return programmes offered by the Department of Justice and the IOM.

- Deportation Orders Signed Enforced deportations People who left the state after a Deportation Order was issued People who availed of a voluntary return programme
2018 229 55 39 9
2019 835 115 68 29
2020 291 24 39 38
2021 0 2 15 9
2022 539 17 38 35
2023 605 19 7 81
Total 2499 232 206 201

It is also important to note that many individuals who withdraw from the international protection process or who are subject to a deportation orders leave the State without notifying the relevant authorities. This number in this particular category is difficult to quantify.

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