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Minister for Justice,
Equality and Law Reform (Mr. McDowell): As the Deputy will be
aware the Refugee Appeals Tribunal is a statutory independent body
established under the Refugee Act 1996 in order to deal with negative
recommendations in respect of applications for refugee status issued by
the Office of the Refugee Applications Commissioner. The tribunal has
been in operation since November 2000 and is comprised, at the present
time, of a full-time chairperson and 33 part-time members. The tribunal,
its chairperson and members as well as its staff are carrying out
important functions for the State in meeting our obligations under the
1951 Geneva Convention relating to the status of refugees. In this
regard, I believe that the chairperson is carrying out his functions in
accordance with his statutory and contractual obligations.
The tribunal has undertaken a significant job of work since its
establishment taking some 23,107 decisions up to the end of 2005. It has
also been tackling on an ongoing basis the number of appeals on hands
and moving from a situation, for example, where on 31 January 2004 it
had some 2,596 appeals to clear, some 990 of which were over six months
old, to a situation at the end of December 2005 where it had 1,267
appeals on hands only 258 of which were over six months old.
On 22 November 2005, two members of the Refugee Appeals Tribunal wrote
to the chairperson of the tribunal and myself advising of their
intention to resign as members with immediate effect and for stated
reasons. I do not propose to elaborate on the matters in question
because of the potential legal implications arising from the issues
raised. However, on receipt of the letters of resignation, I requested a
report from the chairperson. In response, the chairperson informed me
that he strongly refutes the criticisms in the correspondence and that
he has written to the former members on that basis.
In relation to the issue of transparency surrounding the tribunal’s
decisions, I would point out that the framework for the transaction of
the business of the tribunal is contained in the Refugee Act 1996.
Having regard to the independent statutory functions of the members of
the tribunal, I am advised by the chairperson that every effort is made,
in line with the powers provided in the Refugee Act 1996, to ensure that
the business of the tribunal is managed efficiently and effectively and
is consistent with fairness and natural justice. In this regard, the
chairperson has the power to issue guidelines and guidance notes on the
practical application and operation of the 1996 Act and on developments
in the law relating to refugees. In addition, the chairperson convenes
meetings of members to discuss matters relating to the discharge of the
business of the tribunal, including, in particular, such matters as the
avoidance of undue divergences in the exercise by members of their
functions under the 1996 Act.
One issue which is topical at present in relation to the tribunal is the
issue of the publication of its decisions. I am advised by the
chairperson that he attaches great importance to this matter. A
committee of members is in place which has been researching best
international practice and I am advised it has agreed a system of
publication which is member intensive. I am further advised that the
first selection of decisions of the Refugee Appeals Tribunal to be
published pursuant to section 19(4A)(a) of the Refugee Act 1996 will be
on 31 March 2006.
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