Written answers

Tuesday, 9 April 2024

Department of Justice and Equality

International Protection

Photo of James LawlessJames Lawless (Kildare North, Fianna Fail)
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910. To ask the Tánaiste and Minister for Justice and Equality to consider an application (details supplied); and if she will make a statement on the matter. [14946/24]

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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My Department is unable to publish any information that would identify any person as being an international protection applicant. This is a separate matter to the law dealing with data protection matters more generally.

My officials and I are legally obliged, under Section 26 of the International Protection Act 2015, to ensure that the identity of any person who applies for international protection is kept confidential. Section 26(1) sets out that:

“the Minister and the Tribunal and their respective officers shall take all practicable steps to ensure that the identity of applicants is kept confidential”.

As I am sure you will appreciate, these confidentiality requirements are especially important for an asylum-seeker, whose claim inherently supposes a fear of persecution by the authorities of their home country and whose situation, or that of their family or friends still living in the country from which they have sought protection, can be jeopardised if the protection of their personal information is not ensured.

An applicant for such protection status, or their legal representative, should contact either the International Protection Office (IPO) or the International Protection Appeals Tribunal (IPAT) directly, as appropriate if they wish to receive an?update on the status of their case.

Contact information for The International Protection Office can be found at Contact Us - International Protection Office (ipo.gov.ie)

Contact information for The International Protection Appeals Tribunal can be found at Contact Us - IPAT (protectionappeals.ie)

Both the International Protection Office (IPO) and the International Protection Appeals Tribunal (IPAT) are fully independent in deciding whether or not to grant international protection. Each application is examined individually on its own merits, in line with national and international asylum law. They are also bound by confidentiality provisions in respect of applicants as set out in the International Protection 2015 Act.

Photo of Michael McNamaraMichael McNamara (Clare, Independent)
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911. To ask the Tánaiste and Minister for Justice and Equality how many persons in respect of whom a "transfer decision" was made by an international protection officer to transfer in accordance with Regulation (EU) No 604/2013, which decision was not subsequently set aside on appeal or deemed to be invalid by the Courts, were not transferred in each calendar year since 2014. [14957/24]

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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It has not been possible to collate complete information as requested by the Deputy in the time allowed. I will write to the Deputy directly when the information is to hand.

Photo of Michael McNamaraMichael McNamara (Clare, Independent)
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912. To ask the Tánaiste and Minister for Justice and Equality how many "transfer decisions" were made by international protection officers to transfer in accordance with Regulation (EU) No 604/2013 in each calendar year since 2014. [14958/24]

Photo of Michael McNamaraMichael McNamara (Clare, Independent)
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913. To ask the Tánaiste and Minister for Justice and Equality how many "transfer decisions" made by international protection officers to transfer in accordance with Regulation (EU) No 604/2013 were set aside on appeal in each calendar year since 2014. [14959/24]

Photo of Michael McNamaraMichael McNamara (Clare, Independent)
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914. To ask the Tánaiste and Minister for Justice and Equality how many "transfer decisions" made by international protection officers to transfer in accordance with Regulation (EU) No 604/2013 were challenged in Court proceedings in each calendar year since 2014. [14960/24]

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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I propose to take Questions Nos. 912 to 914, inclusive, together.

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).

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. In practice, and in keeping with the experience of all Member States, the Regulations have not been effective.

The increasing numbers of protection applications, appeals and decisions highlights the importance of the EU Migration Pact for Ireland. I have recently secured Cabinet approval to seek the necessary approvals from the Houses of the Oireachtas to opt-in to the Pact.

The overall objectives of the Pact is to create a fair, sustainable and efficient asylum procedure in ordinary times as well as in times of migratory pressure and crisis situations.

It will harmonise asylum procedures across the EU, and speed up the processing of asylum applications so that people in need of our protection get it quickly and those who don’t are returned to their country of origin efficiently.

The Asylum and Migration Management Regulation (AMMR) which will replace the Dublin III Regulation, provides, inter alia, for streamlined criteria and reduced timeframes for determining the Member State responsible for determining an asylum application as well as revised rules on transferring responsibility. This will significantly improve the current Dublin system by reducing the administrative burden on the Member States seeking to transfer a person to the Member State responsible for processing the application.

Below is a table detailing how many decisions were made by international protection officers to transfer in accordance with Regulation (EU) No 604/2013 in each calendar year since 2014.

Year Decisions Made
2024 63
2023 188
2022 24
2021 69
2020 310
2019 817
2018 251
2017 3
2016 594
2015 302
2014 21

The table below details how many transfer decisions made by international protection officers in accordance with Regulation (EU) No 604/2013 were set aside on appeal in each calendar year since 2014.

Dublin II/III Regulations 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023
Total Granted / Set aside 1 0 11 20 5 20 18 5 7 6

In regards to your query regarding how many of the transfer decisions made by international protection officers in accordance with Regulation (EU) No 604/2013 were challenged in Court proceedings in each calendar year since 2014 is not recorded in such a way as to provide the information requested by the Deputy.

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.

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