Written answers

Tuesday, 23 July 2024

Department of Justice and Equality

International Protection

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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1584.To ask the Tánaiste and Minister for Justice and Equality the number of applications for international protection processed every year since 2020 and the decisions made, that is, the number of permissions to remain; the number refused; how the refusals were implemented; the number that resulted in deportations; and the number under appeal. [32923/24]

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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It has not been possible to collate the information requested by the Deputy in the time available.

I will write to the Deputy directly once the information is to hand.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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1585.To ask the Tánaiste and Minister for Justice and Equality the number of persons seeking international protection who were returned in each year under the Dublin Convention since its adoption, in tabular form. [32924/24]

Photo of Helen McEnteeHelen 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.

In practice, and in keeping with the experience of other Member States, effective implementation of the Dublin Regulation is challenging. Member States have found significant problems with the Dublin Regulation, including the lack of consistent implementation across the Member States and that shortcomings with the design of the Regulation makes it difficult to achieve its main objectives.

One of the major benefits for Ireland of the new EU Migration and Asylum Pact, which the Dáil and Seanad have agreed to opt into, is that it replaces the Dublin III Regulation with a more efficient and streamlined process.

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 and addressing evasion. 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. It will also extend the period by which a transfer must be carried out from 18 months to 3 years, thereby seeking to address evasion of the process by absconding.

Legislation will now be drafted to repeal and replace the International Protection Act 2015.

The table below details all Dublin iii Transfers from the State since 2015 to 17th June 2024. Figures before this time are not available. Transfers to the UK under the Dublin Regulation ceased in end 2020 following the UK's withdrawal from the EU.

Year Dublin iii Transfers
2015 19
2016 42
2017 56
2018 22
2019 30
2020 15
2021 4
2022 3
2023 3
2024* 6
*To 17 June 2024.

**Figures correct at time of issue and may be subject to data cleansing.

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.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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1586.To ask the Tánaiste and Minister for Justice and Equality the number of people seeking international protection and eligible to work who are working. [32928/24]

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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Under the European Communities (Reception Conditions) Regulations 2018 (S.I. No. 230 of 2018), persons are eligible to apply for labour market access permission if:

• They are an international protection applicant; and

• They have waited at least 5 months from their “Application Received” date for their first instance recommendation; and

• They are cooperating with the international protection process – delays in receiving a recommendation must not be attributable to the applicant.

Following that, a person will be issued a permission for labour market access if, at 6 months, they have not yet received a first instance recommendation. This permission is valid for 12 months and may be renewed until a final decision is made on the person's international protection application.

Since January 2023 nearly 19,422 first-time applications and renewal applications have been received by the Labour Market Access Unit of my Department and nearly 17,055 have been granted.

The granting of a labour market access permission does not necessarily confirm that the applicant has found employment. it is not possible using Departmental records to set out the number of international protection applicants that have achieved employment status, or the number of such persons who are awaiting a decision.

I would also note that where a person is granted refugee status or other permission to remain they no longer require a Labour Market Access permission to take up employment and instead are issued with a Stamp 4 immigration permission.

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