Written answers
Monday, 9 September 2024
Department of Justice and Equality
Immigration Status
Paul Kehoe (Wexford, Fine Gael)
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1106.To ask the Tánaiste and Minister for Justice and Equality if the passport relating to a person (details supplied) can be returned; and if she will make a statement on the matter.[34570/24]
Helen McEntee (Meath East, Fine Gael)
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As the Deputy may be aware, my Department is unable to publish any information that would identify any person as being an international protection applicant. This is a separate matter to the law dealing with data protection matters more generally.
My officials and I are legally obliged, under section 26 of the International Protection Act 2015, to ensure that the identity of any person who applies for international protection is kept confidential. Section 26(1) of that Act sets out that:
“the Minister and the Tribunal and their respective officers shall take all practicable steps to ensure that the identity of applicants is kept confidential”.
For the Deputy’s information, I can provide the following general information on international protection applications and passports associated with that process.
All applicants for international protection are requested to provide personal documentation to the International Protection Office at the time of application, to attest to their identity, nationality and date and place of birth. Applicants who are refused international protection and permission to remain in the State have their original passport documents returned to them once a final decision has been made and notified in their case. Persons granted subsidiary protection status or discretionary permission to remain in the State have their original passport documents returned to them at the time they are being granted those statuses.
Passports are not routinely returned to those applicants who have been given a declaration of refugee status. The original passport documents held in respect of such persons are retained on the individual international protection files on the basis that any such person has a right, under section 55 of the International Protection Act 2015, to apply for a 1951 Convention Travel Document to facilitate international travel to any location other than to the relevant country of nationality.
There can be circumstances where an original passport can be returned to a recognised refugee. Where such a passport is being returned, the relevant party is clearly notified of the purposes for which their original passport document can be used and equally the purposes for which it must not be used.
The Deputy will appreciate the importance of the integrity of the international protection process being protected in every reasonable way and any policies and practices in place in my Department in relation to passports submitted by international protection applicants have been put in place in an effort to meet that operational objective. Notwithstanding the policy and practice positions outlined, I can advise the Deputy that any request made by a person in the international protection process for the return of a national passport for a stated purpose will be considered on its merits. The International Protection Office operates an email service for responding to queries: info@ipo.gov.ie
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