The Labour Party has condemned the procedures used to deport asylum-seekers to other EU states after it emerged that 100 per cent of appeals against deportation have been turned down.
Since 1997 appeals by 136 people against deportation under the Dublin Convention have been turned down by the Dublin Convention Appeals Officer. One was withdrawn, 21 are still pending, but none of the 158 appeals made has been allowed.
The statistics were given in a written reply from the Minister for Justice to a Dail question from the Labour leader, Mr Ruairi Quinn, this week.
The Dublin Convention of 1990 established an EU-wide procedure under which persons seeking asylum in an EU member-state must do so only in the first such state in which they arrive. Under the convention, persons arriving in one state and then travelling to another can be deported to the first state of arrival.
A Department of Justice spokesman said yesterday that the reason for the 100 per cent refusal rate was that such deportations were based on established facts.
The spokesman said that before considering deportation under the Dublin Convention the Irish authorities will have confirmed with another EU state that the applicant had first arrived in that state, and had applied for, or had the opportunity to apply for, asylum there. The state of origin will also have confirmed that when the deportee is sent back an application for asylum will be considered there.
Labour's deputy leader and justice spokesman, Mr Brendan Howlin, said last night the 100 per cent refusal rate "casts further doubt on the overall effectiveness of our refugee procedures". Those appealing against deportation under the Dublin Convention should be allowed an oral hearing of their case. At present appeals are determined solely on the basis of written material.
"The procedures which restrict oral hearings under the Dublin Convention are laid down by Minister O'Donoghue and are his responsibility. Those procedures are entirely unacceptable and are a symptom of his restrictive and minimalist approach to the rights of refugees," Mr Howlin said.
He said there were a number of exceptions under which people whose deportation was proposed under the convention could remain in the State. These included fear of persecution in the EU state of origin or proof of residence in Ireland for over six months.