Office of the Refugee Applications Commissioner

Transcription

1 Office of the Refugee Applications Commissioner

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3 Contents Foreword by Refugee Applications Commissioner 5 Mission Statement 7 Who is an Asylum Seeker? 8 Definition of a Refugee 8 Subsidiary Protection 8 Part 1 Introduction 9 Part 2 - Key Developments in Part 3 - Progress on Strategy Statement High Level Goals 25 High Level Goal 1 26 High Level Goal 2 31 High Level Goal 3 36 High Level Goal 4 39 High Level Goal 5 41 Part 4 - Appendices 46 Appendix 1 - ORAC Management Staffing Structure 47 Appendix 2 - Overview of Units of ORAC 49 Appendix 3 - Applications/Processing Statistics 53 Appendix 4 Dublin II Regulation Statistics 62 Appendix 5 - Information on Requests Handled by the Corporate and Customer Service Centre and Copying/Registry in Appendix 6 - Financial Data 70 Appendix 7 - Overview of Energy Usage Glossary of Terms 74

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5 Foreword by Refugee Applications Commissioner I am pleased to introduce the thirteenth Annual Report of the Office of the Refugee Applications Commissioner (ORAC) for 2013 which provides our first update on the delivery of the strategic goals and objectives contained in our Strategy Statement was another busy year for ORAC. In addition to undertaking our functions under the Refugee Act, 1996 and EU law relating to refugee status determination, ORAC was also tasked by the Minister for Justice and Equality with new responsibility for the processing of subsidiary protection applications under the European Union (Subsidiary Protection) Regulations 2013 with effect from 14 November This resulted in a considerable increase in our caseload. The total number of asylum applications received by my Office in 2013 was 946. This is similar to the number received in We continued to ensure that applications for refugee status were processed as speedily as possible in line with fair procedures. The number of cases finalised in 2013 was 1,122. At year s end only 248 cases awaited completion and of these only 17 were on hand for more than 6 months. The number of cases received which were processed under the Ministerial Prioritisation Directive continued to decline and only 28 such applications were made in As in previous years, these cases were scheduled for interview within 9 to 12 working days from date of application and were completed within a median processing time of 25 working days from date of application. The remaining cases were processed within a median processing time of 12 weeks. Council Regulation (EC) 343/2003 (Dublin II Regulation) which determines the Contracting State responsible for processing an asylum application continued to be applied in line with our obligations under national and EU law. Some 160 Dublin determinations were made in Significant work was undertaken during the year by ORAC at EU level. Staff attended meetings of EU working groups dealing with the finalisation of the EU Dublin III Regulation and its Commission Implementing Regulation which will enter into force on 1 January Staff were also heavily involved in the work of the European Asylum Support Office which is tasked with ensuring a common approach to the implementation of the EU Asylum Acquis including through common training and quality standards. I am pleased to report that ORAC and Refugee Documentation Centre (RDC) staff also participated in EASO missions to Greece and Italy to support the enhancement of governance standards in the asylum systems of those countries. The operation of the EU Dublin II Regulation in 2013 depended on the EU EURODAC fingerprinting system. During the year, 696 sets of fingerprints of asylum applicants were sent to EURODAC. ORAC continued to utilise the Automated Visa Application and Tracking System (AVATS) of the Irish Naturalisation and Immigration Service to detect asylum applicants who made an application for and/or who were issued with an Irish visa. 5

6 Ongoing liaison with the Refugee Appeals Tribunal continued in 2013 to ensure that the ORAC Presenting Officers, who represent the Commissioner at appeal hearings, could service the maximum number of hearings before the Tribunal. In line with trends in previous years, there was a reduction in the number of new and pending legal challenges in the course of the year. While only 7 new judicial reviews were received in 2013, there were also 154 ongoing cases in which ORAC was a respondent pending before the court. ORAC continued to keep its internal procedures under review in light of evolving caselaw in order to minimise potential legal challenges. Our fifth Customer Service Action Plan covers the period The organisation's continued commitment to providing a high quality customer service to all our customers is reflected in this Action Plan which builds on the achievements of previous plans and specifies how we intend to implement our Customer Charter commitments over its lifetime. As part of this commitment, a Customer Service Survey was conducted in 2013 to establish whether ORAC is delivering on the standards expected of its correspondence service according to the ORAC Customer Charter. The results of the survey are contained in this report. Corporate planning and management continued to be a priority for the organisation in 2013 to ensure efficient and effective use of our resources. In addition, to ensure the quality of our process, ORAC continued to give priority to staff development and training. The staff in the Dublin Office of the United Nations High Commissioner for Refugees (UNHCR) continued to provide substantial ongoing assistance during the year with particular regard to the provision of training on refugee law and procedures and in the area of subsidiary protection. I would like to express my thanks to UNHCR for their ongoing support. I am grateful also to other experts from outside ORAC who inputted into our training and development programmes for their support and encouragement and to the Refugee Documentation Centre for the highly professional service provided to this Office. Finally, I would like to thank all ORAC staff for their ongoing work without which the mandate of the Office could not be achieved. This includes the staff of the new Subsidiary Protection Unit whose hard work and professionalism were essential in enabling ORAC to commence processing subsidiary protection applications in line with our new legislative mandate before the end of David Costello Commissioner 6

7 Mission Statement The Mission Statement of the Office of the Refugee Applications Commissioner in accordance with the Refugee Act, 1996, the European Union (Subsidiary Protection) Regulations 2013 and other relevant national and international law is: (i) (ii) to investigate applications from persons seeking a declaration for refugee status and to issue appropriate recommendations to the Minister for Justice and Equality, to investigate applications by refugees to allow family members to enter and reside in the State and report to the Minister for Justice and Equality on such applications and (iii) to investigate applications for subsidiary protection and to issue appropriate recommendations to the Minister for Justice and Equality on such applications and in so doing, to provide a high quality service to our customers through the implementation of policies and procedures which are fair and open, treating all applicants with courtesy and sensitivity. 7

8 Who is an Asylum Seeker? An asylum seeker is a person who seeks to be recognised as a refugee in accordance with the terms of the 1951 Geneva Convention relating to the status of refugees and the related 1967 Protocol, which provides the foundation for the international system of protection of refugees. Definition of a Refugee The definition of a refugee in Irish law is a person who, owing to a well founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his or her nationality and is unable or, owing to such fear, is unwilling to avail himself or herself of the protection of that country; or who, not having a nationality and being outside the country of his or her former habitual residence, is unable or, owing to such fear, is unwilling to return to it.... Subsidiary Protection Subsidiary protection is granted, when the applicant does not fulfil the requirements for becoming a refugee, but is otherwise in need of international protection. A person eligible for subsidiary protection means a person: (a) who is not a national of a Member State, (b) who does not qualify as a refugee, (c) in respect of whom substantial grounds have been shown for believing that the person concerned, if returned to his or her country of origin, would face a real risk of suffering serious harm and who is unable or, owing to such risk, unwilling to avail himself or herself of the protection of that country, and (d) who is not excluded from being eligible for subsidiary protection. 8

9 Part 1 Introduction 9

10 Part 1 - Introduction Legal Framework Under the Refugee Act, 1996 two independent statutory offices were established in November 2000 to consider applications/appeals for refugee status and to make recommendations to the Minister for Justice and Equality on whether such status should be granted. These two offices are the Office of the Refugee Applications Commissioner (ORAC), which considers applications for a declaration as a refugee at first instance and the Refugee Appeals Tribunal (RAT) which considers applications for a declaration at appeal stage. 1 The statutory functions of the Refugee Applications Commissioner are set out in the Refugee Act, 1996 as amended by the Immigration Act, 1999, the Illegal Immigrants (Trafficking) Act, 2000, the Immigration Act, 2003 and the Immigration Act, Throughout this report, the term "Refugee Act, 1996" means the Refugee Act, 1996 (as amended). With effect from 14 November 2013, responsibility for the investigation and determination of all existing and future subsidiary protection applications transferred from the Irish Naturalisation and Immigration Service to the Office of the Refugee Applications Commissioner under the European Union (Subsidiary Protection) Regulations 2013 (SI No. 426 of 2013). The Office also has regard or had regard, inter alia, to the following Statutory Instruments (S.I.) in the discharge of its business: S.I. No. 344 of Refugee Act, 1996 (Places and Conditions of Detention) Regulations, S.I. No. 345 of Refugee Act, 1996 (Application Form) Regulations, S.I. No. 346 of Refugee Act, 1996 (Temporary Residence Certificate) Regulations, S.I. No. 415 of Immigration Act, 2003 (Section 7) (Commencement) Order, S.I. No. 422 of Refugee Act, 1996 (Safe Countries of Origin) Order, S.I. No. 423 of Refugee Act, 1996 (Section 22) Order, S.I. No. 424 of Refugee Act, 1996 (Appeals) Regulations, S.I. No. 714 of Refugee Act, 1996 (Safe Countries of Origin) Order, S.I. No 518 of European Communities (Eligibility for Protection) Regulations S.I. No 51 of European Communities (Asylum Procedures) Regulations S.I. No 52 of Refugee Act, 1996 (Asylum Procedures) Regulations S.I. No 426 of European Union (Subsidiary Protection) Regulations Functions of the Refugee Applications Commissioner Refugee Status The Refugee Act, 1996 states that the Refugee Applications Commissioner shall be independent in the exercise of his or her functions which are of a statutory and non-statutory nature. The key 1 A detailed description of the asylum process is available on ORAC s website ( 10

11 statutory responsibilities are: to investigate applications from those who seek a declaration for refugee status and to issue appropriate recommendations to the Minister for Justice and Equality on such applications, and to investigate applications by refugees to allow family members to enter and reside in the State and report to the Minister for Justice and Equality on such applications Under the Refugee Act, 1996 it is also the Commissioner's responsibility to: issue Temporary Residence Certificates to asylum seekers. comply with any Ministerial Directives concerning the prioritisation of certain categories of applicant. direct the presentation of the Commissioner s case to the Refugee Appeals Tribunal where recommendations made by the Commissioner are appealed to the Tribunal. furnish to the UNHCR, as well as relevant Government agencies, information as provided for in legislation. refer unaccompanied minors to the Health Service Executive in line with section 8(5) of the Refugee Act, While ultimately responsible for fulfilling these statutory functions under the 1996 Act, the Commissioner may delegate these functions to any member of his staff. Subsidiary Protection The Commissioner also has responsibility, with effect from 14 November 2013, for the investigation and determination of subsidiary protection applications under the European Union (Subsidiary Protection) Regulations 2013 ( the 2013 Regulations ). This includes the processing of: existing applications for subsidiary protection made to the Minister for Justice and Equality (Irish Naturalisation and Immigration Service), which have not been determined at the date of commencement of the 2013 Regulations. and new applications for subsidiary protection made from 14 November Under the 2013 Regulations, the Commissioner has responsibility for issuing letters to applicants for subsidiary protection informing them that they have permission to remain in the State until a final decision in relation to their application for subsidiary protection has been made. Under the 2013 Regulations, the Commissioner shall be independent in the exercise of his functions. He may delegate to a person who has entered into a contract for service with the Minister any of his functions other than the power to make a subsidiary protection recommendation, which remains the responsibility of the Commissioner. Non-statutory functions The Commissioner also has non-statutory functions. These include: 11

12 ensuring that all applicants for refugee status and subsidiary protection at first instance are treated and processed in a fair, courteous and efficient manner. issuing directives on the practical application of the Refugee Act, 1996 and the 2013 Regulations and on procedures and standards of work. ensuring that adequate information on countries of origin of asylum seekers and subsidiary protection applicants as well as international jurisprudence and practice in the area of asylum and subsidiary protection is available to staff. participating in international fora on asylum and subsidiary protection related matters. management of staff performance and training and development. dealing with press queries. preparation and management of the budget, the Strategy Statement, Business Plan and Annual Report for the organisation. Key Values of the Office The key values that guide the work of the Office are: Independence - Independence of process and decision-making. Fairness - Fair procedures which are notified to asylum seekers and subsidiary protection applicants. Firmness - Firmness in implementing statutory obligations. Serving the key stakeholders - Commitment to service to applicants and other stakeholders as part of our overall commitment to delivering efficient customer service. Accessibility - Accessibility of information and services to people with disabilities. Commitment to Staff - Recognising that staff are the most valuable resource of the Office and fostering an environment in which they can work effectively and develop their potential for the benefit of the Office specifically, and their career generally. Commitment to excellence - Performing work to a standard that will ensure high quality and timely outputs. Openness - Communicating with asylum seekers, the Minister for Justice and Equality, UNHCR, Non-Governmental Organisations and the public in a way which will instil confidence in the operation of the Office. Efficiency in use of resources - Ensuring efficiency in the use of available resources without compromising quality. Partnership - Adopting a consultative approach to workplace innovation and management of change and fostering a culture of participation, openness and mutual respect. 12

13 Funding and Staffing for the Office Funding for the Office of the Refugee Applications Commissioner is provided by the State through the Department of Justice and Equality. The 1996 Act provides that members of the staff of the Commissioner shall be Civil Servants within the meaning of the Civil Service Regulation Act, The 1996 Act also provides that The Commissioner may delegate to any members of the staff of the Commissioner any of his or her functions under this Act save those conferred by section 7. All staff of ORAC other than Services staff are designated authorised officers on appointment. Reporting Requirements The reporting requirements for the Commissioner - as set out in the 1996 Act - are as follows: to submit a report to the Minister for Justice and Equality on his/her activities not later than 3 months after the end of each year. The Minister will lay a copy of the Annual Report before each House of the Oireachtas. to provide to the Minister, on an ongoing basis, all necessary information to enable him/her to discharge his/her ministerial accountability and responsibility in relation to the Office. to keep all proper and usual accounts of all monies received or expended and all such special accounts (if any) as the Minister may direct. to submit these accounts to the Comptroller and Auditor General for audit on a date specified by the Minister. A copy or extracts from these accounts, together with the report of the Comptroller and Auditor General, will be furnished to the Minister who will bring both before each House of the Oireachtas. Certain reporting requirements also apply in respect of the 2013 Regulations. (The Office of the Refugee Applications Commissioner (ORAC) receives an annual allocation of funds for which the Secretary General of the Department of Justice and Equality is the Accounting Officer and the accounts of ORAC are included in the annual Departmental accounts.) 13

14 Part 2 Key Developments in

15 Processing of Applications for Refugee Status Part 2 - Key Developments in applications for asylum were received by ORAC in The average number of applications per month in the course of the year was 79. November with 109 applications had the highest monthly total, while March and August, with 65 had the lowest. The figure for new applications in 2013 represents a fall of 1% on the 956 applications received in 2012 and was the lowest yearly total since The top five countries for 2013 were Nigeria (13.6%), Pakistan (9.6%), Democratic Republic of Congo (7.6%), Zimbabwe (7.4%) and Malawi (5.8%) As in previous years Nigeria remained the top applicant country. The trend has been that ORAC receives a small number of applications from a large number of individual countries. In 2013 there were 31 countries from which we received 3 or less applications and 20 countries from which we received 10 or more applications. Of those cases awaiting completion at the end of 2013, no more than 17 were on hand for more than six months. As a result virtually all cases received in 2013 were processed in the same year. The total number of applications processed to completion in 2013 amounted to 1,122 cases, which was lower than the overall total for Even allowing for the ongoing efficient and effective operation of work processes and having regard to the need for procedural fairness, account must be taken of the fact that the staff resources available in 2013 were less than in previous years. The number of cases received and processed under the Ministerial Prioritisation Directive continued to decline and 28 such applications were made in As in previous years, these cases were scheduled for interview within 9 to 12 working days from date of application and were completed within a median processing time of 25 working days from date of application. The remaining cases were processed within a median processing time of 12 weeks. A number of cases were deemed withdrawn during This normally occurs when applicants fail to cooperate with the asylum process as required under the provisions of the Refugee Act, applications fell into this category in Applications from unaccompanied minors, amounting to 20 represented 2.1% of the total number of applications received in This percentage is very much in keeping with the percentage for Recommendations were issued within an average processing time of 24.9 weeks except for those delayed for medical or other compelling reasons. In the course of 2013, a total of 24 persons in places of detention expressed a wish to apply for asylum. This constituted 2.5% of all applications received in 2013 and compares with 5.2% for the same category in These cases continued to be prioritised in line with statutory provisions. 15

16 The ORAC Single Procedure Transition Team continued to work in conjunction with the INIS Business Transformation Unit on the development of an implementation plan in preparation for the introduction of the Immigration, Residence and Protection Bill which is expected to be enacted in This follows on from the transfer of the investigation and processing of subsidiary protection applications to ORAC. ORAC continued to work closely with the Dublin Office of the United Nations High Commissioner for Refugees (UNHCR) on the development and delivery of training modules with particular reference to the provision of training on refugee and subsidiary protection law and procedures. This training is in line with the European Asylum Support Office (EASO) Training Curriculum, UNHCR guidelines and international best practice. Quality assurance systems play an important role within ORAC and are in place to ensure the highest standards in investigation and decision making in relation to the determination of refugee status. A Quality Assurance team randomly checks cases on an ongoing basis. As well as examining ORAC reports they also review cases which have been set aside by the Refugee Appeals Tribunal and the outcomes of cases which have been subject to judicial review. Procedural changes are made as required and relevant findings are fed back to the caseworkers. UNHCR continues to play a role in reviewing our quality assurance systems. Newly assigned staff received refugee status determination training while refresher training was delivered to existing staff based on needs arising from changing applicant trends and feedback from the quality assurance process. This training was provided by a combination of ORAC s in-house Training Team and outside experts, in line with best practice. ORAC continued to work with the EASO on the development of the common EASO Training Curriculum and best practice quality initiatives in the area of international protection. As an example of this cooperation, EASO again requested that an ORAC trainer co-deliver the EASO Training Curriculum train the trainer module on interviewing children in May Another ORAC officer was deployed to Greece as part of an EASO asylum support team in July where he delivered training on refugee status determination. A member of staff of the Refugee Documentation Centre (RDC) delivered country of origin information (COI) training in Italy in December Protecting the integrity of the asylum process is an ongoing priority for the organisation and in this regard ORAC continued to liaise with the Garda National Investigation Bureau (GNIB) and the Irish Naturalisation and Immigration Service during the year. Cases where an applicant alleged they were a victim of human trafficking (or where it was suspected they might have been) were reported to GNIB and the Anti-Human Trafficking Unit of the Department of Justice and Equality. The Office also contributed to the European Migration Network (EMN) Focused Study 2013 on the identification of victims of trafficking in human beings in international protection and was represented at an EMN Ireland Conference entitled Challenges and Responses to identifying victims of trafficking held in November

17 Participation continued in 2013 in discussions in Working Groups of the European Union dealing with various protection related matters including preparation for the introduction of the EU Dublin III Regulation on 1 January The continued use of laptops by caseworkers at refugee status determination interviews meant they had, inter alia, ready access to country of origin information (COI) and any other relevant material which could be discussed with the applicant during the interview rather than at a later stage. This reduced the need for a follow up interview in a large number of cases. In 2013, ORAC continued to operate the Dublin II Regulation which determines the Contracting State responsible for the processing of an asylum application and completed 160 determinations. This compares with 144 determinations in ORAC indentified cases to be progressed under the terms of the Dublin Regulation by way of the EURODAC fingerprinting system and by taking into account visa or other residence histories that did not come within the scope of EURODAC. This resulted in the identification of applicants who, having obtained a visa or residence permission in another Contracting State, came to Ireland and applied for asylum while claiming to have no identity or travel documents. This group of applicants formed the greater proportion of cases progressed under the Dublin Regulation. In the course of 2013, ORAC also began its preparations for the Dublin III Regulation which comes into effect in January The work of ORAC and, in particular, the operation of the Dublin Regulation, was supported by the EURODAC fingerprinting system. During 2013, 696 sets of fingerprints were sent to EURODAC. The fingerprints of 65 applicants resulted in 100 hits with EURODAC which indicated that these applicants had made an application for asylum in one or more Contracting States. In the course of 2013, 6,295 sets of fingerprints were destroyed, in line with statutory requirements. The Automatic Fingerprint Identification System (AFIS) provides for an enhanced fingerprinting capacity in relation to asylum seekers. AFIS continues to contribute to ORAC s capability for the exchange of information with the EURODAC system and to identify those with more than one asylum application. In addition, the Automated Visa Application and Tracking System (AVATS) of the Irish Naturalisation and Immigration Service, assisted in the detection of applications for asylum where the applicant had obtained an Irish visa but had not presented a passport or other relevant documentation when they came to ORAC. The ORAC Investigations and Liaison Unit continued to act as a liaison point for ORAC with other State agencies such as the Irish Naturalisation and Immigration Service and the Garda National Immigration Bureau as well as other EU States. ORAC has responsibility for the investigation of applications from persons with refugee status for family reunification and for providing reports on these investigations to the Minister for Justice and Equality In 2013, 162 family reunification applications were received, a decrease of 21.4 % on the figure for

18 Ongoing training and procedural developments in the Family Reunification Unit resulted in an increase in the number of reports completed as well as a reduction in processing times over previous years. The number of Refugee Appeal Tribunal appeal hearings at which the Commissioner was represented by Presenting Officers decreased in line with falling numbers of asylum applications. 342 hearings were serviced in To ensure that the maximum number of hearings scheduled each week were serviced, ongoing liaison took place with the Tribunal during the year. ORAC received 32 enquiries under section 16(6) of the Refugee Act, 1996, from the Refugee Appeals Tribunal. These enquiries were dealt with within set time frames. In relation to judicial review proceedings, the number of new judicial review cases in which the Refugee Applications Commissioner is named as a respondent continues to decline, from 29 cases in 2012 to 7 cases in In addition, the overall number of legal challenges on hand decreased from 199 cases in 2012 to 154 cases in The ongoing reduction in the number of new judicial reviews was influenced by the continued training provided to caseworkers and the ongoing improvement in ORAC s quality assurance procedures, as well as relevant jurisprudence on access to judicial review proceedings rather than utilising an appeal before the Refugee Appeals Tribunal. The expenditure under the legal costs subhead in 2013 was 76,695 which was a significant decrease on the outturn of 345,268 in This reflected the fact that the majority of outcomes during the year were withdrawals by applicants. ORAC continues to review all incoming legal challenges, and where it is clear that a particular case should be settled (e.g. where an administrative error has been made in a determination), seeks to reach a settlement as quickly as possible in order to reduce any potential costs to the State. Settlements by, and judgments against, ORAC are, in turn, reviewed under our quality assurance processes to prevent similar issues arising in the future. At the same time, where we believe our recommendation is correct and in line with national and EU legal obligations, it remains ORAC's policy to strenuously defend such legal challenges. During 2013, ORAC continued to avail of the resources of the Refugee Documentation Centre (RDC), in particular its e-library facility, to ensure that our staff had access to upto-date and reliable country of origin information (COI). ORAC continued to update its internal Caseworkers Shared Knowledge Database, for use by caseworkers processing applications for asylum, the Subsidiary Protection Panel and 2 While the vast majority of legal challenges to ORAC are in the form of judicial reviews, a small number of others are also received namely injunctions and various types of summonses. Appeals to the Supreme Court are also included in these figures. From time to time ORAC is requested to provide information to the Courts in the context of Habeas Corpus applications. 3 Payments made by ORAC under this subhead are made on foot of Bills of Costs submitted to ORAC (following clearance by the Office of the Chief State Solicitor s Costs Accounting Section) by applicants legal representatives in respect of, for example, judicial reviews settled or lost by ORAC. There are often considerable delays - sometimes several years - in the submission of Bills of Costs. Hence there is a variable time lag between the finalisation of cases before the courts and the submission of the Bills of Costs over which ORAC has no control. 18

19 the Family Reunification Unit, and for use by Presenting Officers. The database collates source material from the Refugee Documentation Centre (RDC) into a user-friendly format to meet the Office s particular needs. As one of the main users of the Refugee Documentation Centre s services, ORAC met with representatives of the RDC bilaterally on several occasions and also attended meetings of the RDC Steering Group during This maintained the flow of reliable and comprehensive COI to meet ORAC s developing needs, in particular its new responsibilities in relation to subsidiary protection. Language analysis tests were carried out in 2013 on a small proportion of applicants. Language analysis testing is a specialised service provided to ORAC under contract, by external service providers, following a formal tendering process. It can be helpful in assessing claims in certain circumstances e.g. in the absence of supporting identity documentation. The applicant attends ORAC and converses by telephone with a language analyst. The conversation is recorded and analysed by the service provider and a report furnished to ORAC. If the language analysis report indicates that the applicant is not from the geographical area or speech community to which they claim to belong, this becomes a credibility issue for exploration at substantive interview. Equally, the report may support the applicant s claimed area of origin. Regardless of the contents of the report, every applicant is given a full opportunity of presenting his/her case to a caseworker at a substantive interview. The language analysis report, where requested, is used to assist with the overall evaluation of the application and is considered in conjunction with all other elements of the claim. ORAC continued to participate in the work of relevant international fora dealing with asylum and refugee matters such as Working Groups of the European Union, the Intergovernmental Consultations on Asylum, Refugee and Migration matters (IGC) based in Geneva and the European Asylum Support Office (EASO). The Commissioner completed a three year term as Ireland s representative on the EASO Management Board in 2013, and has been nominated for a second term. During 2013 he attended 4 board meetings. The aim of the EASO is to help to improve the implementation of the Common European Asylum System, to strengthen practical cooperation among Member States on asylum and to provide and/or co-ordinate the provision of operational support to Member States subject to particular pressure on their asylum and reception systems. Subsidiary Protection Responsibility for processing all existing and future subsidiary protection applications transferred from the Irish Naturalisation and Immigration Service to ORAC under the European Union (Subsidiary Protection) Regulations 2013 with effect from 14 November These Regulations provide for a system for the investigation and determination of applications for subsidiary protection in the State by way of interview. A panel of legally qualified persons has been established to assist the Commissioner in undertaking interviews and making submissions on applications. Training was provided in conjunction with the UNHCR and the process of interviewing applicants began in December

20 ORAC inputted into the preparations for the new subsidiary protection process, including the development of the required statutory instrument, the development of necessary policies and procedures, scheduling arrangements for interviews as well as the development and delivery of training programmes for staff and Panel members in association with the UNHCR. Briefings on the new Regulations were provided to non-governmental organisations in the framework of the ORAC Customer Service Liaison Panel. Staff Support/Training and Internal Support Services The ORAC HR and Staff Support Strategy ( ) continued to be implemented with a wide range of commitments being progressed or finalised. Progress on implementation of the Strategy was monitored and reported on in monthly reports on the Business Plan and in the Annual Report. A Progress Report was also prepared and circulated to the Partnership Committee and staff in The staff support function within ORAC changed following the introduction of PeoplePoint in March PeoplePoint is the shared service centre for HR and Pension related administration and queries for the whole Civil Service. The management of ORAC HR related requests, queries and applications is now provided by PeoplePoint. The ORAC Training and Development Strategy ( ) also continued to be implemented. This Strategy provides the framework for the provision and development of the skills and competencies required to assist staff in achieving organisational goals and to provide training for their personal development. Progress on the implementation of this Strategy is monitored and reported on in regular reports on the ORAC Business Plan and in the Annual Report. All members of staff continued to participate in the Performance Management and Development System (PMDS) during PMDS is designed to be a fair and effective way of measuring and developing performance through regular open and constructive discussions between managers and staff across the civil service. The benefits of PMDS for staff members, managers and the organisation include providing clarity on roles and priorities, improving performance and contributing to a systematic approach to personal development. Changes to the PMDS process for senior staff were also implemented successfully. In 2013, ORAC continued to prioritise the needs of its staff in the areas of job specific development and training in a cost effective manner and in total, 300 training units were provided to staff. Work specific training was delivered in areas such as refugee status determination, subsidiary protection, interculturalism awareness, assessing claims from unaccompanied minors, family reunification, gender issues and documentation fraud. In addition, a number of briefing sessions on the refugee status determination process for the interpretation service provider were provided in conjunction with UNHCR. 20

21 As part of the ORAC staff development programme, a presentation was given in September 2013 by Professor Rosemary Byrne, School of Law, Trinity College Dublin on Credibility and Human Rights Testimony. The annual ORAC Judicial Review Seminar was held in October The keynote speaker was a Counsel from the State s Asylum Panel who gave a presentation on Practical Issues in Judicial Reviews which included a review of the key judgments in and implications for best practice for the future. A second presentation examining the roles of the costs accounting unit and the taxing master in the functioning of the costs process was given by a senior staff member of the Chief State Solicitor s Office. The attendees included management and members of staff from across the Judicial Review units of INIS, the Refugee Appeals Tribunal and ORAC. The seminar was also attended by staff from the Attorney General s Office and the Chief State Solicitor s Office. The Employee Assistance Officer of the Department of Justice and Equality continued to be available to meet staff needs. The Single Procedure Transition Team continued to work in conjunction with the INIS Business Transformation Unit on the development of an implementation plan in preparation for the commencement (subject to enactment) of the Immigration, Residence and Protection Bill. ORAC continued to liaise closely with INIS to ensure that all necessary arrangements are in place prior to the introduction of a single procedure. The staffing resources of the Office continued to be kept under ongoing review at both unit and organisational level and the reallocation and reorganisation of resources took place internally on a number of occasions to meet changing business needs. A number of staff were redeployed to the Department of Justice and Equality and PeoplePoint during These staff were not replaced. To reflect ORAC s new responsibilities in relation to subsidiary protection, a number of staff joined ORAC in the second half of the year, and a Panel of legal qualified persons was established. Two staff members continued to be seconded to the INIS Reporting and Analysis Unit (RAU). The purpose of the Unit is to support INIS (including ORAC) generally in relation to the provision of statistical information for management, operational and strategic planning purposes. Two staff members continued to be seconded full-time to the AISIP IT Business Support Team. ORAC provided placements under the National Internship Programme (JobBridge) and under the Willing Able Mentoring Programme (WAM) in These Programmes have proven beneficial to the participants and to ORAC. Customer Service In July 2013, the Customer Service Centre conducted a questionnaire based survey, the aim of which was to establish whether ORAC is delivering on the standards expected of its correspondence service according to the ORAC Customer Charter. 21

22 The following is a summary of the results of the survey in respect of ORAC customers: 71% correspond by post, 19% by fax and 10% by % generally receive an acknowledgement within 5 working days. 92% generally receive a full reply or interim reply within 20 working days. 100% of correspondence received from ORAC contains a contact name and telephone number. 92% of responses from ORAC are written in clear and plain English. 96% feel that the responses contain the information they require. The main findings of the survey can be found under High Level Goal 4 or on the ORAC website ( The positive results of this survey suggest that customers are satisfied with the timeliness and quality of the written correspondence which they receive from ORAC. Note has been taken of suggestions relating to improvements to ORAC s written correspondence and where possible these will be taken on board. In order to ensure that ORAC was meeting its targets and commitments to its customers, the Customer Service Action Plan was reviewed twice in As with our other corporate documents, the Plan can be accessed on the ORAC website ( Haddington Road Agreement In the context of Business Plan and Haddington Road frameworks, ORAC undertook ongoing reviews of its procedures and operational processes to ensure a targeted use of resources and internal work structures with a view to achieving maximum efficiencies. Partnership Interactions with staff and union representatives continued in 2013 under the aegis of the ORAC Partnership Committee. Equality and diversity, the new Human Resource Shared Service and progress on the Training and Development Strategy were among the issues discussed during the year. The Committee met 6 times in Corporate Developments Regular senior management and unit meetings were held during the year to progress work priorities and ensure that ORAC s business plan commitments were being met. ORAC s Strategy Statement sets a clear direction for the Office s activities in the period between its publication and the planned new statutory arrangements under INIS coming into operation in the context of the Immigration, Residence and Protection Bill. Business Plans for all units contain objectives and outputs arising from the commencement of the Immigration, Residence and Protection Bill, once it is enacted. 22

23 ORAC continued to give a high priority to health and safety matters in A Health and Safety Policy Statement enables the Office to meet its responsibilities to staff and customers under health and safety legislation. ORAC is represented on the INIS Health and Safety Committee, which discusses health and safety issues for INIS and its associated agencies, to ensure all requirements in this area are met. ORAC s Energy Action Plan continued to be implemented. ORAC s Statement of Energy Usage in 2013 is at Appendix 7. Communications and Business Transformation matters The new subsidiary protection process was introduced in ORAC with effect from 14 November 2013 under the European Union (Subsidiary Protection) Regulations As a result of the 2013 Regulations: All subsidiary protection backlog cases outstanding in INIS were transferred to ORAC for processing. All new applications for subsidiary protection after refusal of a declaration of refugee status will be processed by ORAC. The new process includes an interview and a recommendation from ORAC and an appeal to the Refugee Appeals Tribunal where a negative recommendation is received at first instance. A Panel of investigators will undertake the interviews initially although this work may also involve ORAC staff in 2014 in preparation for the introduction of a single procedure. A new Subsidiary Protection Unit in ORAC has been established to manage the new process. A records update was undertaken based on replies to over 3,000 letters sent to subsidiary protection applicants in the INIS backlog. UNHCR recruited an international expert who will be available to ORAC in an advisory and training capacity to support our new responsibilities. A new subsidiary protection database went live on an incremental basis on 11 December Additional funding has been provided by INIS to the Refugee Legal Service to support the provision of legal advice to subsidiary protection applicants in advance of interview. Interviews for the new process commenced on 12 December Work continued on planning for the Immigration, Residence and Protection Bill and the implementation of a single procedure. In this regard, the ORAC Single Procedure Transition Team's Work Programme includes the development of the documentation, processes and policies required to implement the new legislation as well as the preparation of training manuals for staff in relation to the new systems and procedures. Staff were kept up-to-date on business developments in ORAC during 2013 through the organisation s Staff Bulletin. Three issues were published. In addition, regular unit meetings were held. In line with our commitment to regular consultation and communication with our key stakeholders, two meetings of the Customer Service Liaison Panel were held in June and 23

24 November 2013 which were also attended by senior ORAC staff members. A major issue for discussion at the November 2013 meeting was the introduction and operation by ORAC of the new subsidiary protection process. 24

25 Part 3 Progress on Strategy Statement High Level Goals 25

26 Part 3 Progress on Strategy Statement High Level Goals High Level Goal 1 To investigate applications for refugee status and for family reunification within minimum timeframes. Strategy Statement Objectives To ensure the maximum number of recommendations for a declaration of refugee status issue within minimum timeframes, in line with fair procedures and having due regard to legislative requirements on prioritisation as set out by the Minister for Justice and Equality. To achieve the full and efficient application of the EU Dublin II Regulation, and in due course, the EU Dublin III Regulation, having due regard to the criteria for determining the Contracting State responsible for processing asylum applications. To achieve optimum productivity in processing applications for family reunification within minimum timeframes. To prepare and plan for the introduction of a single procedure and address fully and effectively any amendments to the Refugee Act, 1996 as they arise. Progress on goals and objectives in 2013 Processing of asylum applications 946 applications for asylum were received during November, with 109 applications, had the highest monthly total. The figure for new applications in 2013 represents a decrease of 1% on the 956 applications received in Of those cases awaiting completion at the end of 2013 no more than 17 were on hand for more than six months. As a result virtually all cases received in 2013 were processed in the same year. The top five countries for 2013 were Nigeria (13.6%), Pakistan (9.6%), Democratic Republic of Congo (7.6%), Zimbabwe (7.4%) and Malawi (5.8%). As in previous years Nigeria was again the top applicant country. There were a large number of countries with a small number of applications. For example, 3 or less applications were received from 31 countries. Overall, 20 countries had 10 or more applications each. 26

27 The number of cases received and processed under the Ministerial Prioritisation Directive continued to decline and 28 such applications were made in As in previous years, these cases were scheduled for interview within 9 to 12 working days from date of application and were completed within a median processing time of 25 working days from date of application. The remaining cases were processed within a median processing time of 12 weeks. These included 32 cases, which in the ordinary course of events, would have been transferred to Greece as part of the Dublin Regulation procedure. These cases were processed by ORAC following the conclusion of lengthy legal proceedings before the High Court and the Court of Justice of the European Union. The resulting delay impacted on the median processing time. Through proactive management practices, the maximum possible number of interviews were scheduled and replacements found for the majority of cancellations thus ensuring the ongoing effective and efficient use of resources. ORAC, as required by the Refugee Act, 1996, continued to prioritise all applications received from persons in detention by scheduling their initial interview within 3 working days of their application or as close as practically possible. 24 applications 2.5% of all applications were received from persons in places of detention in Ongoing liaison between this Office, the Irish Prison Service and the Garda National Immigration Bureau ensured all applications were dealt with in a timely and efficient manner. A total of 20 applications were received from unaccompanied minors (separated children) seeking asylum. This accounted for 2.1% of the total number of applications received in 2013 and these applications were processed within a median processing time of 24.9 weeks. A longer timeframe exists for the return of the completed questionnaire in these cases as agreed with legal representatives. In 2013, ORAC utilised interpretation and translation services in over 50 languages. The prompt processing of applications at each stage of the asylum process was facilitated through the procedures in place with the interpretation and translation service providers. These procedures were subject to ongoing review and were augmented by regular contact with the service providers. As a result of a tendering process led by the Irish Naturalisation and Immigration Service, a new interpretation service provider was appointed at the end of Newly assigned staff received refugee status determination training and refresher training was delivered to existing staff based on needs arising from changing applicant trends. Subsidiary protection training was provided to members of the new Subsidiary Protection Processing Panel and to the staff in the Subsidiary Protection Unit. This training was delivered by a combination of ORAC s in-house Training Team and outside experts, including UNHCR, in line with best practice. The Dublin Office of the UNHCR continued to work closely with ORAC on the development and delivery of training generally to ensure that such training was in line with UNHCR guidelines. ORAC also ensured that its courses followed the EASO Training Curriculum and international best practice. 27

28 In 2013, a training module for interpretation providers covering the asylum procedure was delivered by ORAC in conjunction with the UNHCR. In line with our overall focus on quality outputs the Office again placed a high priority on conducting high quality focused interviews. Cases were researched and prepared in advance of section 11 interviews to ensure that Officers had the most relevant and reliable country of origin information to facilitate the drafting of recommendations. The quality of the section 11 interview record for applicants and their legal representatives continued to be enhanced by the fact that caseworkers continued to use laptops at substantive interview. This ensured caseworkers had immediate access to reputable country of origin information (COI) and could address COI issues in a proactive manner at interviews. Applicants were given the opportunity to comment and make further submissions, where required. This reduced the need for a possible follow up interview in a large number of cases. ORAC continued to cooperate with applicants legal representatives during the refugee status and subsidiary protection process. All applicants for asylum are advised to seek legal advice in respect of their asylum application. Advice is provided by the Refugee Legal Service or it is open to applicants to engage private practitioners. The Irish Refugee Council Independent Law Centre is also available to applicants who are seeking legal advice. In cooperation with the Refugee Documentation Centre, country of origin information (COI) support continued to be provided to caseworkers processing applications for asylum and for family reunification. It was also provided to Presenting Officers, and to the new Subsidiary Protection Panel. As part of ORAC s commitment to continue to enhance its COI resources, the COI/Research and Legal Analysis Unit co-ordinated the creation of 41 COI packs by ORAC caseworkers which were added to the Caseworkers Shared Knowledge Database. ORAC liaised with the Refugee Documentation Centre (RDC) in respect of a large number of queries from staff across the organisation; the replies to which were also added to the database. The RDC also provided updates, on a rolling basis, on general COI relating to the countries from which the majority of applications were derived. ORAC liaised closely with the RDC to ensure that quality COI was available in a timely fashion including in the context of the transfer of responsibility for subsidiary protection to this office in November ORAC is also a member of the RDC Steering Group along with the RDC s other client organisations and the UNHCR. Ongoing interactions such as these ensure that ORAC maintains the necessary level of access to reliable and comprehensive COI. ORAC continued to support the RDC s preparations for Ireland s accession to the new EU/EASO COI portal, being developed under the aegis of the European Asylum Support Office. It is expected that the various technical preparations will be completed during ORAC staff participated in discussions with relevant international bodies dealing with refugee and international protection matters such as Working Groups of the European Union, the Intergovernmental Consultations on Asylum, Refugee and Migration matters (IGC) based in Geneva and the European Asylum Support Office. 28

29 Language analysis was also used in 2013 to assist in establishing certain applicants claims as to their stated ethnic or geographic background. Language analysis testing involves the examination of an applicant s speech in order to assess, as specifically as possible, whether an applicant could be placed in the geographical area or speech community from which they claimed to come. The language analysis report assists the ORAC caseworker as part of the overall assessment of all the elements of the applicant s claim. Following the establishment of a Framework Agreement in accordance with the relevant requirements of the EU procurement process, a second Request for Supplementary Tender, otherwise known as a mini-competition, was held for the award of a contract for the provision of these services. UNHCR continued to work with ORAC on quality assurance issues which included the examination of decisions, personal interaction with staff at all levels and the provision of feedback in the context of training and other support initiatives. The work being undertaken draws on best practice developed by UNHCR through activities implemented in other EU Member States and internationally. The services of a UNHCR protection expert from Canada were also made available to ORAC in preparation for the transfer of responsibility for subsidiary protection to the Office. ORAC also participated in meetings of the European Asylum Support Office on quality processes in Dublin II Regulation During 2013, ORAC continued to utilise the Dublin II Regulation which determines the Contracting State responsible for processing an asylum application. This was supported by the EURODAC fingerprinting process, the Automated Visa Application and Tracking System (AVATS) and the INIS e-visa system. 160 determinations were made in ORAC in 2013 under the Dublin II process compared to 144 in sets of fingerprints were sent to EURODAC in 2013 with 100 hits involving 65 applicants confirmed. The fingerprints of all applicants aged 14 years and over are taken and transmitted to EURODAC. Fingerprints of asylum seekers have been taken since November 2000 in accordance with section 9A of the Refugee Act, The destruction of ten-year-old prints commenced in November 2010 in line with the 1996 Act and in 2013 the number of applicants whose fingerprints were destroyed came to 5,241. Family Reunification In 2013, 162 family reunification applications were referred to ORAC by the Minister for Justice and Equality for investigation under the Refugee Act, 1996, a decrease of 21.4% on the same period in In the course of the year, ORAC introduced two revised questionnaires to assist in enhancing the quality of investigation of relevant cases. The decision on these applications is a matter for the Minister. Under the Refugee Act, 1996, ORAC has responsibility for the investigation of applications for family reunification and 29

30 for the transmission of a report to the Minister for Justice and Equality based on each of these investigations. Management of the introduction of change including the Single Procedure Planning continued for the introduction of a single procedure when the Immigration, Residence and Protection Bill (subject to enactment) is commenced. Considerable work also took place to prepare for the introduction and commencement of ORAC s new subsidiary protection jurisdiction with effect from 14 November

31 High Level Goal 2 To maintain the highest standard of investigation and decision-making. Strategy Statement Objectives To investigate and assess applications to a consistently high standard. To continue to have transparent and impartial procedures. High quality investigation and processing of applications During 2013, ORAC continued to carry out its legislative functions in a fair and transparent manner. We continuously reviewed and updated our procedures as required to take account of best practice in refugee status determination, subsidiary protection and feedback from UNHCR. The Office also ensured that staff had access to the best available information. The Refugee Documentation Centre (RDC) continued to provide relevant country of origin information (COI) support in a timely manner which assisted ORAC s analysis of applications for refugee status and family reunification. It expanded its services to ORAC to meet our COI needs arising from the new responsibilities in relation to subsidiary protection. In the area of family reunification, further work was carried out during 2013 to achieve a higher level of investigation. This work, which included the introduction of two revised questionnaires, had a positive impact on cases on hand with a resultant improvement in processing times. The questionnaires were also the subject of discussions with relevant non governmental organisations at drafting stage. This resulted in most cases being processed in real time during The Family Reunification Unit continued to make use of the specialist assistance of the RDC in researching aspects of foreign legal requirements in relation to marriages etc. to assist investigations. During 2013, priority continued to be given to maintaining high quality in the investigation and processing of asylum applications, in line with our High Level Goals contained in our Strategy Statement Correspondence tracking continued in 2013 to ensure that correspondence from all stakeholders was responded to within the timelines set out in the Customer Service Action Plan Work specific training was delivered to staff in areas such as refugee status determination and subsidiary protection. ORAC s in-house Training Team and the UNHCR developed a training programme on subsidiary protection, which was delivered to the new panel of investigators who will be processing subsidiary protection applications and to relevant ORAC staff. The UNHCR 31

32 element of the training was jointly provided by its Dublin staff and an international legal expert from Canada. ORAC s training courses are informed by the UNHCR s guidelines, the EASO Training Curriculum and international best practice. In 2013, a number of briefing sessions on the refugee status determination process for the new interpretation service provider were conducted in conjunction with UNHCR. ORAC continued to liaise regularly in relation to its mandate with the Irish Naturalisation and Immigration Service (INIS), the Health Service Executive (HSE), the Refugee Legal Service (RLS), the Garda National Immigration Bureau (GNIB), the Reception and Integration Agency (RIA), the Department of Health, the Department of Children and Youth Affairs and the Irish Prison Service, as well as non-governmental organisations. We also liaised with the Irish Refugee Council Independent Law Centre and other legal practitioners about the scheduling of interviews and the processing of applications. During 2013, the Quality Assurance Advisory Group continued to monitor processes and procedures and provided feedback to relevant ORAC staff in this regard. The Group also reviewed set aside decisions from the Refugee Appeals Tribunal and relevant High Court judgments for the same purpose. UNHCR continued to play a role in reviewing our quality assurance systems. Under the Refugee Act, 1996, applicants are not recommended for refugee status if there are strong grounds to suspect that they have been guilty of serious crimes such as crimes against humanity, war crimes and/or serious non-political crimes prior to their arrival in this State. These are regarded as potential exclusion clause cases. During 2013, the exclusion clause was considered in a number of cases. ORAC continues to be committed to provide quality translation and interpretation services. During 2013, over 50 languages were utilised in the provision of both services. The prompt and accurate processing of applications was facilitated through quality control and other procedures in place with the interpretation and translation service providers. These procedures were kept under review during the year and regular meetings with the service providers were held. As a result of a tendering process led by the Irish Naturalisation and Immigration Service a new interpretation service provider was appointed at the end of Enquiries made under section 16(6) of the Refugee Act, 1996 were responded to within the required timeframe. In 2013, ORAC received 32 such enquiries. ORAC has a comprehensive database of relevant judgments of the Irish and UK courts in relation to asylum matters which was updated on an ongoing basis in It also recorded relevant judgments of the Court of Justice of the European Union (CJEU) and the European Court of Human Rights. The legal interns, placed with ORAC under the JobBridge Programme, assisted with this project, as well as with the preparation of summaries of current caselaw for circulation in the form of Legal Updates to senior management. 32

33 The volume of judicial reviews taken against ORAC continued to decline in The Commissioner was only named as respondent in 7 new judicial reviews during 2013, compared with 29 cases during ORAC is also the subject of other types of challenges from time to time, such as injunctions and summonses. As part of the consideration of judicial review cases in the High Court and related appeals to the Supreme Court, referrals of points of European law to the CJEU are becoming a more frequent feature of the legal process in asylum and immigration cases. An important judgment was delivered by the CJEU on 31 January This considered the prioritisation of certain classes of asylum applications and the existence of an effective remedy in national law for the purpose of Council Directive 2005/85/EC of 1 December and was on foot of a referral from the Irish High Court. In its judgment, the CJEU ruled in favour of the State in both instances. This judgment, and the related judgments of the High Court 5, assists generally in the judicial review process. It clarifies the right of States to organise and manage their own asylum systems provided they do so in compliance with EU law and confirms that the Minister for Justice and Equality has the power to prioritise asylum applications on the basis of nationality. A number of linked ORAC judicial reviews have since been withdrawn, thereby reducing the caseload of the High Court Asylum List. The ORAC Judicial Review Unit continued to strive to achieve value for money. As part of this process, an audit of existing cases was carried out by the Unit in 2013, with the cooperation of the CSSO. ORAC has been successful in obtaining motions to dismiss a number of cases which had either become moot over time or which put forward grounds already adjudicated by the Courts. Where an application for judicial review identifies an error or omission in ORAC s existing procedures, in the interest of fairness and efficiency, ORAC will usually seek to settle the challenge as soon as possible in order to minimise costs to the taxpayer. However, where ORAC considers that the grounds in a judicial review do not disclose any error or omission on its part, it will contest the application in order to protect the integrity of the asylum process. The total expenditure by ORAC under the legal costs subhead in 2013 was 76,695 which was a significant decrease on the outturn of 345,268 in This reflected the fact that the majority of outcomes during the year were withdrawals by applicants. During 2013, ORAC provided additional placements under the National Internship Programme (JobBridge). The placement under the Willing Able Mentoring Programme (WAM), which had commenced in 2012, was completed in Council Directive 2005/85/EC of 1 December 2005 on minimum standards on procedures in Member States for granting and withdrawing refugee status. 5 In particular, the final judgment of Cooke J. in the relevant case, HID and BA v. Refugee Applications Commissioner, Refugee Appeals Tribunal, The Minister for Justice Equality and Law Reform, Ireland and the Attorney General, delivered 22 March Payments made by ORAC under this subhead are made on foot of Bills of Costs submitted to ORAC (following clearance by the Office of the Chief State Solicitor s Costs Accounting Section) by applicants legal representatives in respect of, for example, judicial reviews settled or lost by ORAC. There are often considerable delays - sometimes several years - in the submission of Bills of Costs. Hence there is a variable time lag between the finalisation of cases before the courts and the submission of the Bills of Costs over which ORAC has no control. 33

34 ORAC was presented with a Leader award under the WAM Programme in recognition of its participation, at a ceremony held in Dublin in May ORAC also participated in asylum-related working groups of the European Union, Inter Governmental Consultations on Asylum, Refugee and Migration matters (IGC) in Geneva and the European Asylum Support Office (EASO). The Commissioner also continued to represent Ireland at meetings of the Management Board of the EASO. ORAC staff also took part in a number of EASO working groups and other initiatives. (See Part 2 Key developments in 2013) Open and Fair Procedure Applicants continued to be informed about their entitlements once an application for refugee status was made, including by the provision of a comprehensive information leaflet about the asylum process in Ireland. Following the enactment of the European Union (Subsidiary Protection) Regulations 2013, persons who made an application for subsidiary protection from 14 November 2013 were provided with an information leaflet about the new subsidiary protection process. ORAC encouraged applicants to seek legal advice before completing the relevant asylum questionnaire. ORAC also stressed the importance to applicants of making available all possible documentation in support of their claim before their substantive interviews took place. As in previous years, during 2013 ORAC worked with legal representatives of applicants during the investigation process, including in relation to Statements of Claim submitted. These statements, which set out the applicant s claim succinctly, are normally forwarded to ORAC for consideration in advance of the asylum interview. ORAC continued to recognise the special needs of vulnerable applicants such as unaccompanied minors and to deal with these applicants in a professional and sensitive manner. Specific procedures and guidelines for caseworkers are in place which take into consideration any specific factors and circumstances in individual cases. In developing these guidelines, account was taken of international best practice. ORAC has procedures in place to deal with cases where an applicant highlights a genderrelated issue in a questionnaire or in other information provided. In these cases, ORAC endeavoured in 2013 to ensure that the interpreter (if applicable) and the caseworker were the same gender as the applicant, subject to availability. ORAC continued to ensure the provision of a high standard of interpretation services to all asylum applicants through utilising a contracted service provider. The provision of this service, together with a service for the accurate translation of documents, is crucial to ensure an open and fair protection process. 34

35 As part of a quality assurance initiative with translation service providers, ORAC continued to verify the accuracy of a proportion of translated documents on a regular and independent basis. Two briefing sessions in relation to the provision of interpretation in the context of the asylum procedure were delivered to interpreters in 2013, in conjunction with UNHCR. As in previous years, regular operational meetings were held with the interpretation service provider to provide feedback in order to maintain a high standard of interpretation at interviews. As it is vital for ORAC to have access to accurate, up-to-date COI, we continued to work closely with the Refugee Documentation Centre (RDC) in this regard. The RDC provides both electronic and hard copy resources for research purposes. Its e-library facility, which is available for direct access by ORAC s staff and subsidiary protection Panel members, enables them to efficiently use internationally recognised COI databases, such as the UNHCR Protection Information Section s Refworld database ( and the European Country of Origin Information Network ( database, as well as a range of other COI resources. During 2013, ORAC liaised closely with the RDC in preparation for the introduction of its new subsidiary protection responsibilities. 35

36 High Level Goal 3 To ensure applications for asylum and family reunification are dealt with in an open, fair and impartial manner and that the integrity of the process is preserved. Strategy Statement Objectives To identify as quickly as possible, in an effective and fair manner, those applicants who come within the definition of a refugee contained in section 2 of the Refugee Act, To detect and minimise abuse of the asylum process. To represent the Commissioner at appeal hearings at the Refugee Appeals Tribunal. To develop our own policies and procedures to preserve the integrity of the asylum process. Section 2 of the Refugee Act, 1996 The main statutory function of ORAC during the year continued to be to identify applicants who came within the definition of a refugee as contained in section 2 of the Refugee Act, 1996, in a timely and fair manner. Applications examined under the Ministerial Prioritisation Directive were normally completed within a median processing time of 25 working days from the date of application. The remaining cases were processed within a median processing time of 12 weeks. In accordance with the Refugee Act, 1996, ORAC continued to prioritise the processing of applications from persons in detention. The preliminary interview in these cases took place within three working days of their date of application in so far as possible. ORAC maintains a Caseworkers Shared Knowledge Database, which stores source material from the Refugee Documentation Centre (RDC), in a user-friendly format, to meet the Office s needs, supplementing the more general information available through the EU s and UNHCR s COI databases. In particular, it stores the RDC s replies specifically requested by ORAC staff when examining applicants claims. Detect and Minimise Abuse For the purpose of ensuring the integrity of the asylum process, a variety of initiatives were undertaken including, specific caseworker training, the exchange of information in 36

37 line with legislation with other public bodies and EU States and the use of information technology systems such as EURODAC, AFIS and AVATS. The investigations side of ORAC's Dublin and Investigations Unit continued to oversee work aimed at the detection and prevention of the misuse of the asylum system and, in particular, dealt with an extensive range of investigation queries from other areas of the organisation. It continued to liaise with bodies such as the Irish Naturalisation and Immigration Service, the Garda National Immigration Bureau, the Garda Technical Bureau, the Anti-Human Trafficking Unit of the Department of Justice and Equality as well as with other Government Departments and EU States, particularly the United Kingdom. Applicants are required by law to co-operate with the asylum process. In situations where applicants failed to co-operate (e.g. not attending for interview on the appointed date without showing reasonable cause; not advising the Commissioner of a change of address or not providing information relevant to their application), their cases were deemed withdrawn under the provisions of the Refugee Act, applications were deemed withdrawn in 2013, 84 of which were the result of the transfer of the applications under the Dublin II system. ORAC continued to liaise with the Garda Technical Bureau (GTB) about identity documents when concerns and doubts arose as to the authenticity of these documents, including at the request of the Refugee Appeals Tribunal. Liaison with the Anti-Human Trafficking Unit of the Department of Justice and Equality and the Garda National Immigration Bureau, to deal with potential trafficking cases continued in The Office also contributed to the European Migration Network (EMN) Focused Study 2013 on the identification of victims of trafficking in international protection and was represented at the EMN Ireland Conference entitled Challenges and Responses to identifying victims of trafficking held in November ORAC continued to make maximum use of the Dublin II Regulation and the EURODAC fingerprint database in 2013 to determine if it was appropriate for Contracting States other than Ireland to process applications. (See also Part 2: Key developments in 2013) AVATS is available to the Reception and Dublin Units of ORAC and assists ORAC staff to identify applicants who made a visa application to enable them travel to the State, but who subsequently withheld this information in their asylum application. Represent the Commissioner at appeal hearings at the Refugee Appeals Tribunal Presenting Officers continued to represent the Commissioner at appeal hearings before the Refugee Appeals Tribunal (RAT) during the year. As in 2012, in line with falling applications, the number of appeal hearings decreased. Some staff from Presenting Unit provided support to the ORAC team preparing for the transfer of jurisdiction for the processing of subsidiary protection applications from INIS to ORAC. In 2013, 342 RAT hearings were serviced compared with 510 in ORAC, in consultation with RAT, ensured that the maximum number of hearings scheduled during the year were serviced. 37

38 All Presenting Officers were fully trained in refugee status determination procedures, caseworker specific training and training in the presenting function before being assigned cases before the Tribunal. Other courses provided to Presenting Officers included Garda Technical Bureau Documentation Fraud Training, Interculturalism Awareness Refresher Training and they also attended a seminar on Credibility and Human Rights Testimony. All enquiries made under section 16(6) of the Refugee Act, 1996, received from the Refugee Appeals Tribunal, were dealt with within set time frames. 32 section 16(6) enquiries were received in Policies and procedures to preserve the integrity of the asylum system During 2013, the ORAC Procedures, Training and Organisation Development Unit continued to keep the organisation's key procedural and policy instructions up-to-date. This enabled all ORAC staff to have easy access to any procedural documentation in relation to their area of operation. The Unit was significantly involved in preparations for ORAC taking over responsibility for the processing of subsidiary protection applications, which were transferred to ORAC with effect from 14 November This involved the Unit, in association with the Subsidiary Protection Planning Team, developing new procedures and guidance for the new subsidiary protection application process. The Unit also helped develop and deliver the required subsidiary protection training module in conjunction with the UNHCR and other experts. Our quality assurance systems continued to be a significant part of our work processes. This assisted our organisation in performing our work to the highest professional standards in line with legal requirements. (See also Part 2: Key Developments in 2013 and update on High Level Goal 1). The Procedures, Training and Organisation Development Unit continued to work with the European Asylum Support Office in the development of a common EASO Training Curriculum and best practice initiatives in the area of refugee status determination. As an example of this cooperation, EASO again requested that an ORAC trainer co-deliver the train the trainer module on interviewing children in May Another ORAC officer was deployed to Greece as part of an EASO asylum support team in July 2013 to deliver training on refugee status determination issues and a staff member from the RDC provided COI training to the Italian asylum authorities. ORAC also worked with the EASO on a range of other best practice procedures such as age assessment of unaccompanied minors and the quality of asylum decisions. A number of ORAC staff members also completed the EASO training module on interview techniques and delivered training on interviewing children. The normal practice is that officials who undertake EASO training courses will pass on the knowledge gained to other colleagues as part of our formal training process. 38

39 High Level Goal 4 To maintain excellent customer service. Strategy Statement Objectives To deliver high quality customer service. To provide clear information to customers regarding the asylum process. To provide a comprehensive and effective complaints procedure. High quality customer service In line with previous years, the Office s emphasis on the provision of a professional, quality and efficient service to all our customers continued. Our Customer Charter and Customer Service Action Plan can be accessed through the publications page of our website. ORAC reviews its customer service process each year. As part of this process, the Customer Service Centre conducted a questionnaire based survey of those who had corresponded with the organisation in the first four months of the year to ascertain if ORAC is delivering on the standards expected of its correspondence service according to the ORAC Customer Charter. Those surveyed were asked to comment on How they generally correspond with the Office? ( /Fax/Letter). Whether they generally receive an acknowledgement within 5 working days? Whether they receive a full reply or interim reply within 20 working days? Whether correspondence they receive from ORAC contains a contact name and telephone number? Whether the response they receive is written in clear and plain English? Whether responses they receive from this office contain the information required? General comments were then invited. The following are the main findings of the survey: 71% correspond by post, 19% by fax and 10% by % generally receive an acknowledgement within 5 working days. 92% generally receive a full reply or interim reply within 20 working days. 100% of correspondence received from ORAC contains a contact name and telephone number. 92% of responses from ORAC are written in clear and plain English. 96% feel that the responses contain the information they require. 39

40 The positive results of this survey suggest that our customers are satisfied with the timeliness and quality of the written correspondence which they receive from ORAC. Note has been taken of suggestions relating to potential improvements to ORAC s written correspondence procedure and, where possible, these will be taken on board in The Customer Service Centre continues to monitor response times to correspondence on a monthly basis to ensure we are meeting our commitments as outlined in our Customer Charter and Customer Service Action Plan. ORAC continued to ensure that staff were kept up-to-date with any new developments in relation to the work of the organisation and three staff bulletins issued in 2013 in this regard. In line with Customer Service Action Plan commitments two meetings of the Customer Service Liaison Panel took place, in June and November These meetings provide a useful opportunity for exchanges of information between panel members, comprising relevant NGOs dealing with asylum seekers, refugees, subsidiary protection applicants and key ORAC staff. The main focus of the November 2013 meeting was to brief panel members on the new arrangements for the processing of subsidiary protection applications. ORAC continued to meet with other agencies to exchange views on the efficient and effective operation of the asylum process, including the Health Service Executive, Refugee Legal Service and the Garda National Immigration Bureau. The views of stakeholders were sought particularly before the transfer of the subsidiary protection processing function to ORAC. The Corporate and Customer Service Centre dealt with 16,268 correspondence transactions during the year. For more information, see Table A at Appendix 5. Clear information to customers The Customer Service Centre continued to provide a telephone answering service from Monday to Friday each week from to The nature of the comprehensive information material provided to applicants on the asylum process is outlined elsewhere in this report. Customer Complaints Procedure ORAC s customer complaints procedure is outlined in its Customer Charter and Customer Service Action Plan and continues to be kept under review to ensure that it operates in an effective manner. 40

41 High Level Goal 5 To efficiently and effectively manage our organisation and its resources in line with best practice, taking into account allocated resources and having regard to the development of our staff. Strategy Statement Objectives Ensure our strategic business planning and individual performance planning frameworks support optimum performance by the organisation. Manage human resources to meet the business needs of the organisation and the development needs of staff. Make optimum use of ICT solutions to support the business needs of the organisation. Manage financial resources in the context of Public Sector Reform in a manner consistent with the requirements of the Office. To effectively manage the services and facilities of the Office. To build a strong commitment to new ways of working through Partnership. To provide quality corporate support to the ORAC to discharge its statutory and non-statutory functions and also to effectively monitor the Office s communications, both internal and external. Business Planning Business planning is a key element of our management process which allows the organisation to assess progress on work on a regular basis and to identify and review priorities in terms of available resources. Reviews of the business plans for all areas were completed each quarter, and adjustments made, as required. ORAC s Business Plan for 2013 contained a strong emphasis on the efficient and effective processing of applications as well as customer service and quality assurance. To assist ORAC in identifying any risks and to ensure that the relevant mitigations and controls were in place, risk management assessment was built into the 2013 business planning process. As part of the quarterly Business Plan review, risk registers for each Unit were examined and any corrective action was taken where necessary. Human Resources/Training The ORAC staff support function changed following the introduction of PeoplePoint in March PeoplePoint is the shared service centre for HR and Pension related 41

42 administration and queries for the whole Civil Service. The management of ORAC HR related requests, queries and applications is now provided by PeoplePoint. The ORAC HR and Staff Support Strategy ( ) continued to be implemented with a wide range of commitments being progressed or finalised. Progress on implementation of the Strategy was monitored and reported on in regular reports on the Business Plan and in the Annual Report. A Progress Report was also prepared and circulated to the Partnership Committee and staff in The ORAC Training and Development Strategy ( ) also continued to be implemented. This Strategy provides the framework for the provision and development of the skills and competencies required to assist staff in achieving organisational goals and to provide for personal development. Progress on the implementation of this Strategy is monitored and reported on in regular reports on the Business Plan and in the Annual Report. All members of staff continued to participate in the Performance Management and Development System (PMDS) during PMDS is a service-wide system, designed to be a fair and effective way of measuring and developing performance, through regular open, honest and constructive discussions between managers and staff. The benefits of PMDS for staff members, managers and the organisation include providing clarity on roles and priorities, improving performance and contributing to a systematic approach to personal development. Changes were made to the PMDS process during the year in respect of senior management grades and were fully implemented. The Employee Assistance Officer of the Department of Justice and Equality continued to be available to meet staff needs. In 2013, ORAC continued to prioritise the needs of staff in the areas of job specific development and training in a cost effective manner. In total 300 training units were provided to staff. An Annual Training Plan for the year was drawn up and circulated to all staff, which took account of both organisational training priorities and individual training needs identified through the PMDS cycle. The following were among the training courses delivered to ORAC staff in 2013: Refugee Status Determination training and Refresher training. Casework Specific training (Interview Techniques Refresher). UNHCR Statelessness training. Unaccompanied Minor Coaching. Interculturalisim Awareness training Refresher training module. Garda Technical Bureau - Documentation Fraud training. Personal Safety training. Dublin Unit Information Sessions. Judicial Review Seminar. Freedom of Information Seminar. Subsidiary Protection training for staff and Panel members. As part of the ORAC staff development programme, a presentation was given in September 2013 by Professor Rosemary Byrne, School of Law, Trinity College Dublin on Credibility and Human Rights Testimony. 42

43 ORAC staff supported the development of modules of the EASO Training Curriculum. Along with the delivery of operational training in areas such as refugee status determination, unaccompanied minor cases, casework specific induction, training courses in the following areas were delivered: Customer Service Refresher Training, Practical Writing Skills, MS Word Advanced, First Aid Refresher, Fire Warden Refresher, Assertiveness Course and Personal Safety Training delivered to frontline staff. Work also continued on the development of a comprehensive training programme in preparation for the introduction of the single procedure. The staffing resources of the Office continued to be kept under review at both unit and organisational level and reallocation and reorganisation of resources took place internally and on an INIS-wide basis throughout the year to meet changing business needs. As part of a multi-tasking initiative, a number of staff took on additional responsibilities outside their home units either on an ad hoc or ongoing basis. In the context of a number of staff retirements and moves out of the organisation and to facilitate the extra work arising from the transfer of jurisdiction to ORAC for subsidiary protection, changes in the organisational framework were made in November These are detailed in the ORAC Management Staffing Structure at Appendix 1. A number of staff were redeployed to the Department of Justice and Equality and PeoplePoint during These staff were not replaced. To reflect ORAC s new responsibilities in relation to subsidiary protection, a number of staff joined ORAC in the second half of the year and a Panel of qualified persons was established. Two staff members continued to be seconded to the INIS Reporting and Analysis Unit (RAU). The purpose of the INIS RAU is to support INIS (including ORAC) generally in relation to the provision of statistical information for management, operational and strategic planning purposes. Two staff members continued to be seconded full-time to the AISIP Business Support Team. In 2013, ORAC again took part in the National JobBridge Scheme through the Department of Justice and Equality. This programme allows unemployed graduates gain valuable work experience while at the same time assisting the Department and its agencies. A legal intern and a legal support officer took up duty on nine month assignments and a legal graduate finished a nine month assignment under the scheme. Under the WAM (Willing Able Mentoring) Programme, a participant completed a six month work placement in ORAC in the COI/Research and Legal Analysis Unit. The objective of this programme is to promote mainstream access to the Irish labour market for graduates with disabilities. In 2013, ORAC continued to implement its Equality Policy and Programme and a progress report was prepared and circulated to all staff. 43

44 Information Technology and Statistics The IT Division of the Department of Justice and Equality and the AISIP Business Support Team in INIS continued to support the organisation s information systems in Intelliview software continued in use in the Judicial Review Unit in order to generate statistical reports from the Legal Challenges Database. Work was undertaken in cooperation with the IT Division of the Department and INIS to develop a new IT system to support the introduction of the new subsidiary protection jurisdiction in ORAC as well as the new Dublin III Regulation. Full use continued to be made of the RDC COI System (e-library) by ORAC. The RDC manages the e-library which is available to bodies dealing with the asylum and immigration process. The system provides facilities for the maintenance of, and access to, electronic information including COI reports, Country Information Packs, anonymised COI query responses, library catalogue and legal materials. It also draws on key international databases, in particular the UNHCR s Refworld database and the European Country of Origin Information Database (ecoi.net), to which the RDC is a contributor. ORAC is also cooperating with the RDC in the preparations for Ireland s accession to the new EU COI portal, being developed under the aegis of the European Asylum Support Office. It is expected that the various technical preparations will be completed during The IT Division of the Department of Justice and Equality continued to support the DubliNET system in This is a communications system used by all Contracting States to the Dublin II Regulation which provides secure electronic communications for the processing of cases under that Regulation. The DubliNet system will underpin communications under the Dublin III Regulation which becomes operable in January Financial Resources Appropriate internal and external financial controls were applied by the organisation in 2013 to ensure that ORAC was in compliance with relevant Financial Policy Procedures and Public Procurement Guidelines and that expenditure came within budget. ORAC's expenditure outturn for 2013 is included at Appendix 6. Internal Support Services During 2013, the copying/registry function of the Administration and Arrangements Unit continued to provide a key support service to the Office. Some 14,752 file movements and other transactions were completed during the year, including file copying and helpdesk assistance. Work practices for creating, copying, constructing and moving case files 44

45 continued to be reviewed and streamlined in conjunction with other units in ORAC, in order to achieve maximum efficiencies in the use of staff and resources. In 2013, ORAC utilised interpretation and translation services in more than 50 languages. The prompt processing of applications was ensured through procedures in place with the interpretation and translation service providers. Partnership One of the key elements in the management of modernisation and change in ORAC was the continued emphasis on the partnership process, with regular meetings of the Partnership committee being held during the year. A total of 920 was raised by the Local Community Fundraising Committee during 2013 in support of the local conference of the Society of St. Vincent de Paul through a number of events including a sponsored cycle from Dublin to Arklow. Corporate Developments This report provides ORAC s first update on the implementation of the High Level Goals in our Strategy Statement ORAC continued to give a high priority to health and safety matters in A Health and Safety Policy Statement continues to enable the Office to meet its responsibilities to staff and customers under health and safety legislation. It involves a number of ongoing initiatives which include: the appointment and training of staff as Fire Wardens and training of staff in First Aid and use of Cardiac Defibrillators. staff awareness of health and safety matters. ongoing review of office security and safety procedures for optimum safety of ORAC s staff and customers. ORAC is represented on the INIS Health and Safety committee. Energy Awareness ORAC continued to implement its organisational Energy Plan during 2013, the aim of which is to maximise efforts to assist in reducing energy consumption, while at the same time continuing to have adequate heating and lighting and an acceptable working environment. A more detailed outline of our energy usage and energy saving initiatives can be found in Appendix 7. 45

46 Part 4 Appendices 46

47 Appendix 1 ORAC Management Staffing Structure 47

48 Appendix 1 ORAC Management Staffing Structure Commissioner Principal Officer* Assistant Principal Officer** Corporate and Customer Service Centre*** Assistant Principal Officer Judicial Review Unit*** Reporting and Analysis Unit (ORAC aspects)*** Staff Support, COI/Research and Legal Analysis Unit *** Principal Officer Assistant Principal Officer Assistant Principal Officer Assistant Principal Officer Assistant Principal Officer Asylum Case Processing Unit Administration, Arrangements and Presenting Unit Family Reunification Unit Dublin and Investigation/Liaison Unit Procedures, Training and Organisation Development Unit Single Procedure Planning Unit Subsidiary Protection Unit Reception Unit * 1 Principal Officer vacancy. **1 Assistant Principal Officer vacancy ***These Units report directly to the Commissioner. 48

49 Appendix 2 Overview of Units of ORAC 49

50 Appendix 2 - Overview of Units of ORAC 1. Administration, Arrangements and Presenting Unit Administration and Arrangements The functions of the Unit are: to arrange the scheduling of interviews for asylum applicants. to arrange for interpretation and translation services. to manage the interview waiting area. to issue recommendation notifications to asylum applicants and relevant parties following the investigation of asylum applications. to process deemed withdrawn cases. to provide administrative support to the Case Processing Unit. to process correspondence in relation to the Case Processing Unit. to manage file movement and file copying in ORAC. Presenting Unit The role of the Presenting Unit is to represent the Refugee Applications Commissioner at appeal hearings before the Refugee Appeals Tribunal in respect of refugee status and subsidiary protection cases, to respond at appeal hearings to the issues raised in the appellant s appeal and to assist the Member of the Tribunal in reaching a fair and just decision. The Unit provides statutory responses under sections 16(6) and 16(7) of the Refugee Act, 1996 and the relevant provisions of the European Union (Subsidiary Protection) Regulations Asylum Case Processing Unit The primary objective of the Asylum Case Processing Unit is the fair, timely and efficient investigation of applications for a declaration of refugee status and the making of legally robust recommendations on such applications. The investigation includes the individual interviewing of applicants, the objective research of the claims made and the making of recommendations as to whether an applicant should be granted or refused refugee status. The head of unit is also responsible for leading the ORAC quality assurance process in relation to asylum recommendations. 3. Corporate and Customer Service Centre The role of the Corporate Office is to oversee the provision of quality administrative and secretarial support to the Refugee Applications Commissioner and his senior Management Team to enable him to discharge his statutory and non-statutory functions. The office co-ordinates material in response to requests from, inter-alia, other parts of the Irish Naturalisation and Immigration Service (INIS), Government Departments/agencies and the media; prepares all corporate documents and is responsible for their circulation. The Customer Service Centre is responsible for the development and monitoring of customer service structures, the management of customer service enquiries and liaising with other organisations (governmental and nongovernmental). 4. Dublin and Investigation/Liaison Unit This Unit deals with the implementation of the Dublin II Regulation (and the EU Dublin III Regulation from 1 January 2014) and is responsible for determining whether asylum applications should be transferred for examination to other Contracting States and deals with requests from other Contracting States to transfer applications for asylum to this State. The investigation side of the Unit provides investigative assistance to other Units in ORAC, to INIS and to GNIB and acts as a central liaison point with other State agencies. 50

51 5. Family Reunification Unit Family Reunification Unit examines applications made by refugees for permission for certain members of their family to be allowed to enter and reside in the State and provides reports in this regard to the Minister for Justice and Equality. 6. Judicial Review Unit The Judicial Review Unit prepares the ORAC response to legal challenges where ORAC is a respondent, against first instance asylum and subsidiary protection recommendations, as well as challenges under the Dublin Regulation. This includes appeals to the Supreme Court and referrals to the Court of Justice of the European Union (CJEU). 7. Procedures, Training and Organisation Development Unit The role of this Unit is to act as a central knowledge resource for the organisation and to lead the development and ongoing review of ORAC policy and procedures in relation to the management and investigation of asylum and subsidiary protection applications. The Unit also co-ordinates and provides the appropriate training for staff in relation to both refugee status and subsidiary protection determination processes. 8. Reception Unit The Reception Unit deals with the acceptance and processing of asylum applications when first received in ORAC including taking of fingerprints and transmitting them to the EURODAC fingerprinting database, the photographing of applicants and the issue to applicants of Temporary Residence Certificates. The Unit also processes the initial stage of subsidiary protection applications. 9. Reporting and Analysis Unit The Reporting and Analysis Unit (RAU) is responsible for providing statistical and management information and for the compilation and circulation of periodic statistical reports. The ORAC RAU is part of the INIS RAU. 10. Single Procedure Planning Unit The Single Procedure Planning Unit is responsible for the development of internal policies and procedures as well as the training programmes required to facilitate the implementation of the planned Immigration, Residence and Protection Bill, which will result (when enacted and commenced) in the introduction of a single procedure for the consideration of refugee, subsidiary protection and leave to remain type matters. 11. Staff Support, COI/ Research and Legal Analysis Unit The role of the unit is to: Provide and co-ordinate staff support functions including certain personal training. Provide Country of Origin Information (COI) and other research material to support ORAC s various areas of responsibility. Manage the language analysis function. Provide legal analysis/research support in relation to judicial reviews, ORAC s policies and procedures, and other legal work which is undertaken for the Commissioner, and Manage contract staff (under the JobBridge scheme and/or other programmes) who carry out legal analysis and research work. 51

52 12. Subsidiary Protection Unit The role of the Subsidiary Protection Unit is to ensure the fair, timely and efficient investigation (including interview) of applications for subsidiary protection and the making of legally robust recommendations as to whether an applicant should be granted or refused such protection. It also oversees the management of other responsibilities in relation to subsidiary protection including scheduling of interviews, ensuring representation at Refugee Appeals Tribunal appeal hearings, issue of recommendations, production of management statistics and the management of work processes generally. 52

53 Appendix 3 Applications/Processing Statistics 53

54 Table 1. Number of applications per year from 1992 to ,000 11,000 10,000 9,000 8,000 7,000 6,000 5,000 4,000 3,000 2,000 1, Change on previous year Year Applications (%) , , , , , , , , , , , , , , , , Total 88,199 Table 2. Applications received by month and year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Month Year on year change (%) January February March April May June July August September October November December Total

55 Table 3. Applications per year from 1992 to 2013 by gender 12,000 11,500 11,000 10,500 10,000 9,500 9,000 8,500 8,000 7,500 7,000 6,500 6,000 5,500 5,000 4,500 4,000 3,500 3,000 2,500 2,000 1,500 1, Table 4. Applications per year by age grouping 12,000 11,500 11,000 10,500 10,000 9,500 9,000 8,500 8,000 7,500 7,000 6,500 6,000 5,500 5,000 4,500 4,000 3,500 3,000 2,500 2,000 1,500 1, * 1994* * Male 1993* 1994* Child Female Adult 55 Male to Female Year Male Female Total ratio * * * , ,643 1,240 3, ,869 1,757 4, ,958 2,766 7, ,602 4,336 10, ,447 4,878 10, ,773 5,861 11, ,944 3,956 7, ,521 2,245 4, ,778 1,545 4, ,875 1,439 4, ,478 1,507 3, ,469 1,397 3, , , , , , Total 51,905 36,283 88, * The totals in respect of these years include cases where 'Gender' was not recorded. Child [0-17] Year [18+] Total ratio * * ,041 1, ,092 3, ,063 3,563 4, ,370 6,354 7, ,456 8,482 10, ,653 7,672 10, ,678 8,956 11, ,895 6,005 7, ,071 3,695 4, ,397 4, ,350 4, ,025 2,960 3, ,016 2,850 3, ,925 2, ,366 1, , Total 20,390 67,803 88, * The totals in respect of these years include cases where 'Age' was not recorded. Adult Adult to Child

56 Table 5. Age stated by applicants Male Female Male to Female Age Group Male Female Total Total (%) ratio Total Percentages may not add up to 100% due to rounding. Table 6. Places of application 1,200 1,100 1, ORAC Airports Other Place of application Applications % Applications % ORAC Airports Other Total

57 Table 7. Top six stated countries of origin 2013 and comparison with Nigeria Pakistan DR Congo Zimbabwe Malawi Algeria Nationality Year on year change Applications % Applications % (%) Nigeria Pakistan DR Congo Zimbabwe Malawi Algeria Others Total Table 8. Top six stated countries of origin 2013 by gender 100% 90% 80% 70% 60% 50% 40% 30% 20% 10% 0% Nigeria Pakistan DR Congo Zimbabwe Malawi Algeria Others Nationality Male Female Male to Female ratio Nigeria Pakistan DR Congo Zimbabwe Malawi Algeria Others Total Male Female 57

58 Table 9. Applications from unaccompanied minors, 2000 to 2013 by gender Male Female Male to Female Year Male Female Total ratio Total 1, , Table 10. Interviews scheduled and attended Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Scheduled Attended Month Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total Scheduled * Attended % Attended * Each month ORAC over-schedules allowing cancellations to be substituted with another active interview, thus preventing the loss of an interview slot. The above figures relate to the amount of interviews that ORAC had the capacity to service. 58

59 Table 11. Cases finalised Granted Refused s.13(4)(b) Refused s.13(5) Withdrawn s.13(2) Deemed Withdrawn s.13(2) Deemed Withdrawn s.22(8) Dublin II Regulation Total Category (%) Granted* 11.4 Refused s.13(4)(b) 39.3 Refused s.13(5) 12.6 Withdrawn s.13(2) 2.9 Deemed Withdrawn s.13(2) 12.0 Deemed Withdrawn s.22(8) 7.5 Dublin II Regulation 14.3 Total cases finalised 1,122 Sections refer to those of the Refugee Act, Percentages may not add up to 100% due to rounding. *See also Table 13 Grant The Commissioner has made a recommendation that the applicant be granted refugee status. Refused s.13(4)(b) Refused s.13(5) Refused s.13(2) The Commissioner has made a recommendation that the applicant should not be granted refugee status. An appeal to the Refugee Appeals Tribunal must be taken within 15 days. The Commissioner has made a recommendation that the applicant should not be granted refugee status and has included in his report a finding under section 13(6). An appeal to the Refugee Appeals Tribunal must be taken within 10 days. The Commissioner has made a recommendation that the applicant should not be granted refugee status where an application has been withdrawn or deemed to be withdrawn. s. 22(8) Cases finalised under section 22(8) relate to applicants transferred under the Dublin II Regulation in respect of which determinations were made by ORAC. Dublin II Regulation Where it is established that the applicant's claim for refugee status should be determined in another Contracting State under the Dublin II Regulation. 59

60 Table 12. Comparison of applications received and cases finalised *Cant get graph to i Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Applications Received Cases Finalised Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total Applications Received Cases Finalised ,122 Table 13. Recommendations issued s.13(4)(b) s.13(5) s.13(2) Granted Refused Withdrawn Total Recommendation * (%) Granted 14.6 Refused s.13(4)(b) 50.2 s.13(5) *Cant get 16.1 Withdrawn s.13(2) 19.1 Total recommendations made 878 * Excludes cases processed under the Dublin II Regulation. Sections refer to those of the Refugee Act, Percentages may not add up to 100% due to rounding. 60

61 Table 14. Applications outstanding as at 31-Jan-2013 to 31-Dec Month Cases pending Change on previous month (%) January February March April May June July August September October November December Table 15. Comparison of yearly applications received and those outstanding at year end 13,000 12,000 11,000 10,000 9,000 8,000 7,000 6,000 5,000 4,000 3,000 2,000 1, Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Year Applications received Cases pending Change in cases pending (%) ,883 3, ,626 5, ,724 7, ,938 10, ,325 8, ,634 5, ,900 4, ,766 2, ,323 1, , ,985 1, ,866 1, , , , Applications received Cases pending 61

62 Appendix 4 Dublin II Regulation Statistics 62

63 Statistics for the Dublin II Regulation for the period of 01/01/2013 to 31/12/2013 No. of Article 21 enquiries made to Dublin II Regulation Contracting States 665 No. of Positive replies received to Art.21 No. of enquiries where No Record found No Response Awaiting Reply 226 (Of which 6 from 2012 requests) 396 (Of which 15 from 2012 requests) 8 (Of which 1 from 2012 requests) 57 No. of Formal Requests made to Dublin II Regulation Contracting States 68 (take back) 108 (take charge) 176 No. of Formal Requests Awaiting Decision 17 No. of Formal Requests Accepted 143 (Of which 7 in response to 2012 requests) No. of Formal Requests Deemed Accepted 4 No. of Formal Requests Rejected 19 (1 from 2012 requests) No. of Formal Requests Withdrawn 3 (Of which 2 were from 2012 requests) No. of Determinations issued 160 (Of which 28 were based on requests made in 2012) Files returned to the Substantive process 31 No. of files to DJE * for removal from the State 160 (Of which 28 were based on requests made in 2012) No. of Transfers 84 * Department of Justice and Equality 63

64 Table 1. Article 21 enquiries to Dublin II Contracting States in Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Month Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total Requests Table 2. Replies received in 2013 to Article 21 enquiries to other Dublin II Contracting States Positive Negative No response Replies Total (%) Positive Negative No response Total 630 Note: Replies also include a number of enquiries made in the previous year. A small number of enquiries were pending at the end of

65 Table 3. Formal requests to Dublin II Contracting States in Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Month Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total Requests Table 4. Replies received in 2013 to formal requests made to other Dublin II Contracting States Accepted Deemed accepted Rejected Withdrawn Accepted Replies 143 Total (%) 84.6 Deemed accepted Rejected Withdrawn Total 169 Note: Replies also include a number of requests made in the previous year. A small number of requests were pending at the end of

66 Table 5. Formal requests from other Dublin II Contracting States to Ireland in Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Formal requests to Member States Month Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total Requests Note: Total of 209 includes 178 'take back' and 31 'take charge' requests. Table 6. Replies to formal requests from other Dublin II Contracting States to Ireland in Accepted Rejected Withdrawn Replies Total (%) Accepted Rejected Withdrawn Total 216 Note: Replies also include a number of requests received in the previous year. A small number of requests were pending at the end of

67 Table 7. Transfers under the Dublin II Regulation in Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec In Out Month Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total In Out

68 Appendix 5 Information on Requests Handled by the Corporate and Customer Service Centre and Copying/Registry in

69 Appendix 5 Information on Requests Handled by the Corporate and Customer Service Centre and Copying/Registry Unit in 2013 Table A Corporate & Customer Service Centre Category No. Processed Letters and Faxes 4,474 Telephone Enquiries 2,080 Enquiries 9,448 Corporate Enquiries 266 Total 16,268 Table B Copying/Registry Category No. Processed Enquiries 1,656 Files copied 883 File movement transactions 4,343 Other transactions 7,870 Total 14,752 Note: The total number in relation to files copied refers to the number of actual files photocopied, but does not reflect the fact that in the majority of cases multiple copies of each file are produced. 69

70 Appendix 6 Financial Data 70

71 Profile of Pay Expenditure for the Office of the Refugee Applications Commissioner: 1 st January - 31 st December, The pay figure for the Office of the Refugee Applications Commissioner is amalgamated with the Reception and Integration Agency, the Refugee Appeals Tribunal, as well as Headquarters areas of the Irish Naturalisation and Immigration Service of the Department of Justice and Equality under Subhead D.1 of Justice Vote 24. The outturn for pay for Subhead D.1 of the Department of Justice and Equality was 25.78m*, of which 4.092m* was used by ORAC. Profile of Non-Pay Expenditure for the Office of the Refugee Applications Commissioner: 1 st January - 31 st December, Description Amount Total (%) 1. Translation & Interpretation 96, General Premises Expenses 81, Legal Costs 76, Postage 66, Staff Training & Development 60, Heat Light & Fuel 35, Telecommunications 26, Stationery 17, Photocopying & Related Total 10, Miscellaneous** 9, Travel Total (Home and Foreign)** 8, Travel Agent Costs** 4, Office Equipment** 3, Publications** 1, Library & Legal Research** Medical Costs** Legal Expenses** IT Maintenance/Consumables** Advertising** Land & Buildings** Total 501,758 Percentages may not add up to 100% due to rounding. * As confirmed by Financial Management Unit, Department of Justice and Equality, 19 February Please note that this figure is subject to change until the 2013 Appropriation Account has been published for the Justice Vote. 120,000 ORAC's 2013 Non-Pay Expenditure - 501, ,000 80,000 60,000 40,000 20, , Expenditure category ** The totals in respect of these item codes are too small to individually represent on the chart. 71