Thursday, November 28, 2013

IMPLEMENTATION OF THE INITIAL STAGE OF THE NEW SUBSIDIARY PROTECTION PROCEDURES

As noted recently in our blog, the guidelines for the new subsidiary protection application have now been published on INIS website. 

Our clients have now received standard forms from ORAC, who are now responsible for these applications, requesting that they confirm their intention to either remain within the procedure or opt out. As previously noted in our blog, many clients feel that the new procedure will create further delays as it involves another interviewing procedure similar to that carried out at the stage of their asylum application. It is possible to refuse to attend further interviews; however it is also possible for ORAC to insist on attendance in order for the application to be processed.

We must emphasise that although on first look remaining within the subsidiary protection process is potentially unappealing due to possible delay, the new policy has been implemented in an attempt to improve the procedure. Until now, the number of subsidiary applications granted in Ireland has been comparatively low in relation to our European counterparts. We hope that the new procedure may see improvements in this regard. Applicants cannot assume that upon withdrawing their subsidiary protection application that a leave to remain application which has been pending for some time will be considered favourably. 

Therefore, we advise that if you wish to withdraw your application, please consider the implications of doing so extremely carefully. 

If you wish to review further information regarding the procedure, please see our recent blog posts. 

Naomi Pollock

Friday, November 15, 2013

NOTE ON DEPENDENT – TYPE VISAS


We have recently received a notification from the Irish Embassy in New Delhi that the issue of dependent-type visas is currently ‘being developed.’ 

As a result of this new development, such applications where dependent family members seek to join family members in the State, are being temporarily suspended for a number of weeks pending publication of an appropriate policy. 

Such applicants will possibly have a long delay on their visa applications for family members. We have experienced a range of queries from both non-Irish and naturalised Irish persons living in the State in respect of their family members residing abroad who wish to join them. Such family members are either financially, emotionally or socially dependent on their family member(s) in Ireland. Over the years, we have never seen a policy in place to deal with such applications. It apparently depends on the Embassy handling the dependent –type application. For example an application for a dependant father to join his daughter and her Irish husband in the State through the Beijing based Irish Embassy was said not to exist – the Embassy advised that it would be refused as such application could not be processed. Some clarity on the issue would be a welcome step! 


Sarah Henry

NEW SUBSIDIARY PROTECTION STATUTORY INSTRUMENT HAS BEEN PUBLISHED

The publication of a new subsidiary protection statutory instrument was stated this week on the INIS website.

The information notice appearing on the website informs:

"With effect from 14 November 2013, responsibility for processing all existing and future subsidiary protection applications has transferred from Minister for Justice & Equality to the Office of the Refugee Applications Commissioner (ORAC) under Statutory Instrument No 426 of 2013, the European Union (Subsidiary Protection) Regulations 2013 (attached below) 


A detailed Information Note explaining the new arrangements for the processing of subsidiary protection applications is also attached which you should read in conjunction with the regulations.


Similarly ORAC's website also states:

"14 November 2013 - Responsibility for processing all existing and future subsidiary protection applications transfers to the Office of the Refugee Applications Commissioner under S.I. 426 of 2013, the European Union (Subsidiary Protection) Regulations 2013. SI 426 of 2013

“14 November 2013 - Information Note explaining the new arrangements for the processing of subsidiary protection applications is also attached which you should read in conjunction with the Regulations. An ORAC Information Note on the 2013 Regulations will be available in a number of languages shortly on the ORAC website. Subsidiary Protection Information Note

The new regulations come into effect today and notice of the making of the S.I. will be published in “Iris Oifigiúil” on Friday 15th November, 2013.

The Department of Justice has issued the following press release:


UNHCR has also released a statement today in relation to the new procedures:


Naomi Pollock

Thursday, November 7, 2013

THE HARSH REALITY OF THE ONGOING ISSUE OF HUMAN TRAFFICKING

The recent horrific discovery of a young girl found abandoned outside the GPO has thrust in the spotlight the ongoing tragedy that is human trafficking.

The girl, originally believed to be 14 or 15 years of age and from Eastern Europe, was reported to be found in a distressed state by Garda Siochana in Dublin City Centre on October 10th. She had no identification and was unable to speak with officers when discovered. 

Although recent developments have led to the belief that the young woman was not in fact a victim of trafficking (see the Irish times news report here http://www.irishtimes.com/news/ireland/irish-news/woman-found-in-dublin-to-remain-in-state-care-1.1586938), the incident still brings home the harsh truth of those vulnerable to and suffering from the crime of human trafficking.

The Immigration Council of Ireland (ICI) have stressed that official figures confirm that over half the victims of human trafficking in Ireland are children. 48 people were identified as being trafficked victims in 2012, with most having been sexually exploited and 23 of those were children.

Recently, (26th September 2013) GRETA (Group of Experts on Action against Trafficking of Human Beings) published a review entitled ‘Report Concerning the implementation of the Council of Europe Convention on Action against Trafficking by Ireland. The Report stated that the number of prosecutions and convictions for human trafficking is still ‘very low’ and the length of criminal proceedings is ‘also a manner of concern’.

Irish authorities were urged by the review committee to take additional measures to ensure that human trafficking offences are investigated and prosecuted effectively, which they say would lead to ‘proportionate and dissuasive sanctions’. It was stressed that new legislation relating to immigration, asylum and human trafficking should be implemented as soon as possible. 

The Immigration Council of Ireland (ICI) has called for development in 4 main areas:

The full implementation of the unanimous recommendations by the Justice Committee for laws targeting the buyers of sex, whose actions fuel trafficking.

The appointment of a National Rapporteur on Trafficking to ensure a joined-up approach across Government and all agencies to respond to this multi million euro crime.

Reform of the system of identifying victims, Ireland has been criticised internationally in this area
The provision of safe and secure accommodation for victims to ensure an end to intimidation, abuse and violence

It must be noted that some progress is underway, with Irish airline crew, airport ground staff, port staff and other transport workers to be offered training to spot victims of trafficking and offer them an escape from pimps and traffickers under a pilot project being developed by the Immigrant Council of Ireland

However, it is necessary to emphasise that human trafficking remains a very real and dangerous concern, prevalent worldwide. Many immigrants into this country and the EU have been or are victims of such crimes. Scarily, many are not even aware that they are such victims. It is necessary to raise awareness of such heinous activity, in order to help prevent and provide aid for victims who find themselves in such circumstances those originally believed of the young woman who is at the centre of the misfortune highlighting the continuing harsh reality of this global crisis. 

To review the Great report, please pursue the following link: 


To review the Department of Justice and Equality information website in respect of human trafficking, explaining its causes and what to do in the event of suspicious sightings please see the following link:


Naomi Pollock