Written answers
Tuesday, 5 December 2023
Department of Justice and Equality
Asylum Seekers
Michael McNamara (Clare, Independent)
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398. To ask the Tánaiste and Minister for Justice and Equality how many persons in respect of whom a notice to transfer had been made under the Dublin 3 Regulation were not subsequently transferred; and of that number, how many were not transferred because the time period to implement the transfer pursuant to Dublin 3 had expired. [53498/23]
Helen McEntee (Meath East, Fine Gael)
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I can advise the Deputy that 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 is taking all necessary steps to manage the international protection process fairly, efficiently and effectively, as part of the broader Government response, while ensuring the integrity of Ireland's rules-based immigration system is maintained.
Regulation (EU) No 604/2013 (Dublin III Regulations), came into force on 19 July 2013, and lays down the criteria and mechanisms for determining which EU country is responsible for examining an asylum application. The Dublin Regulation is based on the principle that the first Member State to facilitate entry to the EU should be responsible for examining the protection application.
The making of a transfer decision under the EU Dublin Regulation is not a deportation order. The International Protection Office considers whether applicants might have their cases considered under the Dublin Regulation. If the Regulation is deemed to apply, the applicant may appeal that decision to the International Protection Appeals Tribunal (IPAT). In practice, and in keeping with the experience of all Member States, effecting transfers under the Regulation is challenging, and reforming these arrangements therefore forms a key part of the ongoing discussions at EU level with respect to agreeing a new Migration and Asylum Pact.
A decision to transfer made under the Dublin III Regulations expires after six months. This extends to 18 months if the applicant has absconded. If an appeal is launched, a Dublin III decision expires six months from the date the appeal decision is given.
I can advise the Deputy that 2,370 orders have been issued under the Dublin III Regulations since 2015. Of that total 1,462 have now expired.
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