Written Answers Nos. 201-220
203. Deputy Martin Kenny asked the Minister for Justice when a decision on an immigration appeal for a family reunification of a child (details supplied) with their mother will be decided on; and if she will make a statement on the matter. [19939/24]
View answerThe visa application referred to by the Deputy was refused by the Visa Office in Dublin on 05 September 2023. The reasons for this decision were set out in the refusal letter sent to the applicant at this time. An appeal of this decision was received on 15 January 2024.
All visa applicants are advised that the onus is on them to provide as much information in support of their application as they feel is necessary. Guidelines in this regard are posted on our website. Applicants that meticulously follow these guidelines have an improved prospect of receiving a positive decision at first instance.
It should be noted that visa appeals are dealt with in strict chronological order. Processing times and decisions at the Dublin Visa Office can be checked at the following link which is updated each Tuesday: www.irishimmigration.ie/visa-decisions/.
Processing times can change during the year, for example before holiday periods or for study applications prior to a new college year.
A decision will be issued to the applicant as soon as full consideration has been given by a Visa Appeals Officer.
Queries in relation to the status of individual immigration cases may be made directly to my Department by e-mail using the Oireachtas Mail facility at: IMoireachtasmail@justice.ie, which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response is, in the Deputy’s view, inadequate or too long awaited.
204. Deputy Colm Burke asked the Minister for Justice to confirm when a citizenship application will be completed, in view that it is over 48 months since the application (details supplied) was first lodged; and if she will make a statement on the matter. [19961/24]
View answerThe naturalisation application from the person referred to by the Deputy continues to be processed by my Department.
It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. However, the nature of the naturalisation process is such that, for a broad range of reasons, some cases will take longer than others to process. In some instances, completing the necessary checks can take a considerable period of time.
This application is based on Irish Association. Any application under Section 16 that relies on Irish associations and affinity should be supported by substantive documentation that in the Minister’s view renders the application exceptional and one where the normal pathways to citizenship provided for under the legislation are not appropriate.
I understand the extended wait times can be frustrating for applicants and my Department has been working hard to clear backlogs.
My Department is taking a number of steps to speed up the processing of applications and a number of digitisation measures have been introduced to increase efficiency in the process, including eVetting and online payments.
My Department has recently moved from paper to online based citizenship applications. This is one of a number of measures introduced in an effort to optimise the application process and enhance the overall customer service experience. As part of the new online process, customers are issued with an acknowledgment on submission of the online application. The forms provide a seamless application process and help guide applicants through what is required for an application.
In a little over two years the Citizenship Division of my Department has gone from processing around 12,000 applications a year to processing over 20,000 applications. This 66% increase in processing has been achieved through digitising and streamlining processes.
Finally, I can advise the Deputy that the Citizenship Division of my Department continues to communicate regularly with all applicants to keep them informed as to updates on processing times and arrangements.
Queries in relation to the status of individual immigration cases may be made directly to my Department by e-mail using the Oireachtas Mail facility at: IMoireachtasmail@justice.ie, which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Question process. The Deputy may consider using the e-mail service except in the cases where the response is, in the Deputy's view, inadequate or too long awaited.
205. Deputy Carol Nolan asked the Minister for Justice how she was able to establish the basis for her recent claim that up to 80% of international protection applicants are arriving from the north of Ireland, having come from Britain; and if she will make a statement on the matter. [19967/24]
View answerThe patterns in international protection applications vary over time and the Government’s response adapts accordingly.
It has long been the case that a significant number of people apply for international protection for the first time in the International Protection Office (IPO).
This has increased in 2024. To COB on 29th April 2024, there have been 7,054 applications for International Protection at the IPO. Of these 6,468 (91.7%) were made at the IPO for the first time and not at a port of entry.
There are a number of circumstances in which someone might apply in the IPO without first applying at a port of entry. They may enter at an airport with valid documentation for example but choose not to apply at that time. Or they may apply having been in the State for a period previously, for example on foot of a different permission to remain.
However, my Department’s firm assessment, based on the experience of staff and others working in the field, and based on the material gathered at interviews, is that most of those applying for the first time in the IPO have entered over the land border. This is my Department’s operational assessment of the situation.
209. Deputy Cormac Devlin asked the Minister for Justice to confirm, in tabular form, the number of staff or contractors and their grades in her Department assigned to International Protection Office, and the immigration service delivery divisions on 1 January 2023, 1 January 2024 and 1 April 2024; and if she will make a statement on the matter. [19999/24]
View answerI can confirm that 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.
Making sure that applications are processed quickly means those who need our protection are given the opportunity to re-build their life in Ireland in a timely manner. It also means that those who do not qualify, return to their country of origin.
My Department have taken a significant number of measures to increase the capacity of the international protection system.
In November 2022, I introduced an accelerated procedure for international protection applicants from designated safe countries of origin. These applicants now typically receive a first instance decision in less than three months, a significant reduction from a norm of 22 to 26 months in recent years. For the year up to 31 January 2024 the number of applications from safe countries has reduced by more than 50% compared to previous 12 month period.
In July 2023, I published a report on the international protection modernisation programme for 2023 and 2024. This programme involved unparalleled investment in staff, panel members, reengineered processes, and technology. We have implemented measures to improve efficiencies and throughput as well as enhancing the application, interview and decision-making process for applicants.
One of the priority areas of focus has been to recruit both civil servants and panel members, to increase case processing. The International Protection Office now has over 400 staff, an increase of 95% over 2022. The IPO made 2,482 first instance determinations in 2021, 4323 in 2022, 9,000 in 2023 and are confident of delivering over 14,000 decisions this year.
These reforms and increased staff numbers are having a significant impact with the median processing time for all first-instance decisions reducing from 18 months in 2022 down to 13 months in 2023. The median processing time for appeals was 5.5 months in 2023 down from 13.5 months at the start of 2022.
Since I introduced accelerated processing in November 2022, applications from eight designated safe countries have dropped by 50%. I added two additional countries to the safe country list earlier this year and eight more are under review.
Last week, I extended fast processing to whatever country has the highest number of applicants. This will be reviewed on a quarterly basis.
Reforms to the international protection process will continue in 2024. Approximately €34m additional funding was allocated in Budget 2024 to the International Protection Office (IPO) and the International Protection Appeals Tribunal (IPAT) to continue to scale up processing. These measures, and all other aspects of the international protection modernisation programme will continue to be kept under review and improved on a continuous ongoing basis.
The International Protection Office (IPO) is the largest function that sits within the Immigration Service Delivery (ISD).
From the end of 2022 to 2024 Q1, the IPO increased its headcount by 205 (97%) while the overall headcount for the ISD increased its headcount by 243 (28%). For clarity, excluding the IPO, the ISD headcount increased by 38 over the period.
The table below details the staff in the IPO at times requested by the Deputy:
IPO Headcount
|
Grade |
2022 Year-End |
2023 Year-End |
2024 Q1-End |
|
Director |
1 |
1 |
1 |
|
Principal Officer |
1 |
3 |
3 |
|
Assistant Principal |
8 |
17 |
17 |
|
Higher Executive Officer |
28 |
53 |
66 |
|
Administrative Officer |
4 |
34 |
39 |
|
Executive Officer |
91 |
187 |
178 |
|
Clerical Officer |
79 |
107 |
108 |
|
Service Officer |
0 |
0 |
0 |
|
Professional Technical Post |
0 |
6 |
5 |
|
Totals |
212 |
408 |
417 |
The table below details the staff in Immigration Service Delivery, including those in the IPO, at the times requested by the Deputy:
ISD Headcount
|
2022 Year-End |
2023 Year-End |
2024 Q1-End |
|
|
Assistant Secretary |
1 |
1 |
1 |
|
Director |
1 |
1 |
1 |
|
Principal Officer |
11 |
11 |
11 |
|
Assistant Principal |
30 |
44 |
47 |
|
Higher Executive Officer |
86 |
101 |
128 |
|
Administrative Officer |
13 |
47 |
56 |
|
Executive Officer |
250 |
323 |
315 |
|
Clerical Officer |
457 |
535 |
535 |
|
Service Officer |
2 |
2 |
2 |
|
Professional Technical Post |
5 |
5 |
3 |
|
Totals |
856 |
1070 |
1099 |
In addition to staff, case processing panel members are contracted by the Department to make recommendations on International Protection cases to the International Protection Office.
In January 2023 there were 93 panel members. This number rose to 129 panel members in January 2024 with a further 72 individuals in training. In April 2024 there were 176 panel members with a further 28 individuals in training.
211. Deputy Michael McNamara asked the Minister for Justice the number of applicants for international protection that have made an application for international Protection and have not yet been issued with a decision. [20013/24]
View answer212. Deputy Michael McNamara asked the Minister for Justice the number of applicants for international protection that have lodged an appeal against their decision from the IPO and have not yet been issued with a decision. [20014/24]
View answerI propose to take Questions Nos. 211 and 212 together.
I propose to take PQs 211 and 212 together.
I can assure the Deputy that I am fully committed to ensuring that Ireland’s International Protection system is robust and rules based, and that our borders are protected.
I have significantly increased investment into the international protection system, which has allowed for a significant increase in processing capacity and the introduction of accelerated processing.
Last July, I published a report on the international protection modernisation programme for 2023 and 2024. This programme involved unparalleled investment in staff, panel members, reengineered processes, and technology. We have implemented measures to improve efficiencies and throughput as well as enhancing the application, interview and decision-making process for applicants. This has already demonstrated results with the IPO confident of delivering over 14,000 decisions this year.
One of the priority areas of focus has been to recruit both civil servants and panel members, to increase case processing. The International Protection Office now has over 400 staff, an increase of 95% over 2022. The IPO made 2,482 first instance determinations in 2021, 4323 in 2022, 9,000 in 2023 and are confident of delivering over 14,000 decisions this year.
These reforms and increased staff numbers are having a significant impact with the median processing time for all first-instance decisions reducing from 18 months in 2022 down to 13 months in 2023. The median processing time for appeals was 5.5 months in 2023 down from 13.5 months at the start of 2022.
Reforms to the international protection process will continue in 2024. Approximately €34m additional funding was allocated in Budget 2024 to the International Protection Office (IPO) and the International Protection Appeals Tribunal (IPAT) to continue to scale up processing.
Since I introduced accelerated processing in November 2022, applications from eight designated safe countries have dropped by 50%. I added two additional countries to the safe country list earlier this year and eight more are under review.
Last week, I extended fast processing to whatever country has the highest number of applicants. This will be reviewed on a quarterly basis.
These measures, and all other aspects of the international protection modernisation programme will continue to be kept under review and improved on a continuous ongoing basis.
As of 30th April 2024 there were 21,577 applicants awaiting a first instance decision at the IPO. Of these, 98% (21080) have been in the system for less than 2 years and almost 70% are less than 1 year.
As of close of business 26th April 2024 the International Protection Appeals Tribunal had 5087 appeals on hand.
213. Deputy Brendan Smith asked the Minister for Justice when she will establish a public inquiry into the death of a person (details supplied); and if she will make a statement on the matter. [20051/24]
View answerThe sudden loss of Shane O'Farrell at such a young age, with his whole life ahead of him, is a desperate tragedy for all those who knew and loved him and one which will always be an immense source of grief in their lives.
The report of Judge Gerard Haughton arising from the Scoping Exercise into the circumstances surrounding the death of Shane O'Farrell, aged 23 in August 2011 was published on 3rd July 2023.
The Judge was appointed by my predecessor in 2019 to carry out a Scoping Exercise in light of the public controversy surrounding the circumstances of Mr O'Farrell's tragic death. Specifically, the purpose of the exercise was to advise the Minister as to whether any further investigation or inquiry beyond those already carried out was necessary and, if so, to advise on the form of such investigation or inquiry and its terms of reference.
The work of the Judge has resulted in a thorough and comprehensive 416 page report.
The main conclusion in the report is that there are no circumstances surrounding the death of Mr O'Farrell which warrant further investigation or inquiry beyond those already carried out. The report also finds that no inquiry is necessary into the systems and procedures for the sharing of information between An Garda Síochána, the Courts Service and other relevant State bodies operating at the time of Mr. O'Farrell's death.
The Judge makes a number of important recommendations on suspended sentences legislation, certain aspects in relation to dangerous driving (Road Traffic Act 1961), specific aspects of the law relating to inquests and the role of the Gardaí, and an audit of relevant Courts Service accounts by the Courts Service Audit and Risk Committee (in relation to the misplacing of Appeal papers by the Court Service).
All of the recommendations made by the Judge have been carefully considered by the relevant state bodies and agencies and implementation of those recommendations has commenced, where appropriate.
The Report was considered by the Attorney General, whose advice was sought prior to publication. The report was then brought to Government in April 2023 and published in July 2023.
As the Deputy is aware, time was provided to members of both Houses to make statements on Judge Haughton's Final Report on 17th October 2023.
215. Deputy Denise Mitchell asked the Minister for Justice if there are plans on the part of the Department to review minimum sentencing laws for sex crimes, especially those involving children; and if she will make a statement on the matter. [20058/24]
View answerThe Government takes the issue of sexual exploitation of children very seriously and there is comprehensive legislation in place to deal with these offences.
The Criminal Law (Sexual Offences) Act was enacted in 2017. This wide-ranging piece of legislation significantly enhanced the laws combatting the sexual exploitation and sexual abuse of children.
The Deputy may also be aware that the Criminal Law (Sexual Offences) Act 2019 amended the 2017 Act to provide for specified minimum penalties for repeat sexual offenders.
This applies where a person is convicted on indictment of a sexual offence and sentenced to 5 years or more in prison. If that person commits a subsequent sexual offence within ten years of their first conviction, the court must impose a minimum jail term of not less than three quarters of the maximum term for the sexual offence in question.
If the maximum term is life imprisonment then the term imposed must be a minimum of 10 years. This can be disregarded where the court feels it would be disproportionate in all the circumstances of the case; it also does not apply to child offenders.
It is important to emphasise that, under the Constitution and the law, the courts are independent in their functions. The conduct of any court case is a matter for the presiding judge and it is not possible for the Minister or the Department of Justice to comment on, or intervene in, the conduct or the outcome of court proceedings.
It is also a matter solely reserved to the presiding judge to decide where on the sentencing range a convicted person should be placed having regard to the individual circumstances of each case. An important safeguard rests in the power of the Director of Public Prosecutions to apply to the Court of Appeal to review a sentence she regards as unduly lenient.
218. Deputy Seán Canney asked the Minister for Justice for an update on a matter (details supplied). [20094/24]
View answerThe naturalisation application from the person referred to by the Deputy continues to be processed by my Department.
It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. However, the nature of the naturalisation process is such that, for a broad range of reasons, some cases will take longer than others to process. In some instances, completing the necessary checks can take a considerable period of time.
I understand the extended wait times can be frustrating for applicants and my Department has been working hard to clear backlogs.
My Department is taking a number of steps to speed up the processing of applications and a number of digitisation measures have been introduced to increase efficiency in the process, including eVetting and online payments.
My Department has recently moved from paper to online based citizenship applications. This is one of a number of measures introduced in an effort to optimise the application process and enhance the overall customer service experience. As part of the new online process, customers are issued with an acknowledgment on submission of the online application. The forms provide a seamless application process and help guide applicants through what is required for an application.
In a little over two years the Citizenship Division of my Department has gone from processing around 12,000 applications a year to processing over 20,000 applications. This 66% increase in processing has been achieved through digitising and streamlining processes.
Finally, I can advise the Deputy that the Citizenship Division of my Department continues to communicate regularly with all applicants to keep them informed as to updates on processing times and arrangements.
Queries in relation to the status of individual immigration cases may be made directly to my Department by e-mail using the Oireachtas Mail facility at: IMoireachtasmail@justice.ie, which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Question process. The Deputy may consider using the e-mail service except in the cases where the response is, in the Deputy's view, inadequate or too long awaited.
219. Deputy Bernard J. Durkan asked the Minister for Justice whether leave to remain/Stamp 4 can be approved in the case of a person (details supplied); and if she will make a statement on the matter. [20117/24]
View answerImmigration officials of my Department have checked their records and advised that they cannot locate any applications for the person cited in the details supplied by the Deputy.
However, if the Deputy can provide any additional information via my Department's Oireachtas mail facility, I will arrange for a further response to the Deputy.
If the person concerned is present in the State without an immigration permission, I encourage them to contact the Immigration Service Delivery (ISD) or their local immigration office and to take all appropriate steps to regularise their status.
Any application submitted should explain their current circumstances and future intentions in the State and provide any documentation they feel will support their application.
In all cases, people must engage with the authorities if they wish to be permitted to remain here legally.
The Immigration Service Delivery (ISD) examines each application to remain in the State on a case-by-case basis and has consistently urged anyone in this position to come forward if they wish to apply to regularise their immigration position in the State.
220. Deputy Bernard J. Durkan asked the Minister for Justice if family reunification in the case of a person (details supplied) can be arranged to enable her son and daughter join her in this jurisdiction; and if she will make a statement on the matter. [20118/24]
View answerThe Family Reunification application for the person referred to by the Deputy has been received by my Department and continues to be processed at this time. All applications are processed in chronological order.
The speed in which a decision can be made largely depends on the quality of the application received. My Department will continue to engage with the applicant for any further information that may be required to assist with the processing of the application.
Queries in relation to the status of individual immigration cases may be made directly to my Department by e-mail using the Oireachtas Mail facility at: IMoireachtasmail@justice.ie, which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Question process. The Deputy may consider using the e-mail service except in the cases where the response is, in the Deputy's view, inadequate or too long awaited.
