SOME 86 per cent of substantive appeals against the State’s decision to refuse refugee status were turned down by the Refugee Appeals Tribunal last year, the highest annual refusal rate since the controversial body was set up seven years ago.
When all types of appeal are taken into account, including accelerated appeals where no oral hearing is allowed, the refusal rate for last year rose to 90 per cent.
The tribunal’s annual report shows that it received 2,849 appeals against initial decisions taken by the Refugee Applications Commissioner last year, a decrease of 17 per cent on 2006.
Nigeria was the country of origin with by far the highest number of appellants (34 per cent), followed by Georgia (5.4 per cent), Pakistan (4.4), the Democratic Republic of Congo (4.3) and Iraq (3.7).
A breakdown of the tribunal’s expenditure shows that the body’s part-time members were paid a combined €962,944 in fees last year. Members are paid on a fee-per-case basis, with the fees ranging from €165 where the case is withdrawn, to €1,150 where a husband and wife are both involved in an oral hearing.
At €4.3 million, legal fees were by far the tribunal’s largest expenditure last year.
The tribunal has been sharply criticised for its lack of transparency. It does not publish its rulings, and in recent years those representing asylum-seekers, as well as certain members of the tribunal, have sought information on how it reaches its decisions.
At least two cases on these subjects went to the Supreme Court, with the tribunal resisting the release of information, and ultimately losing in that court.
Earlier this year, the Refugee Legal Service, which represents most asylum seekers, asked the tribunal to review all cases decided by one of its former members, barrister Jim Nicholson.
That followed the tribunal settling a case where three asylum seekers sought to have their cases heard by someone other than him because of his “perceived bias”. Mr Nicholson heard close to 1,000 cases from the beginning of the tribunal in 2000, and was the highest earner of any of its members, being paid €840,000. He resigned as a member of the tribunal last November on the eve of the settlement of the case, known as the Nyembo case.
The tribunal is due to be replaced by a new body, the Protection Review Tribunal, under draft legislation currently making its way through the Oireachtas. However, the UNHCR has said the new body’s independence and impartiality could be compromised by the fact that, under the Bill, the Minister will appoint part-time members of the tribunal. It is also concerned that the Minister can ask it to prioritise certain applications.