Recent Developments in Immigration

Updates from the Minister for Justice and Equality

On the 16th September 2014, Minister Fitzgerald announced new plans to increase the number of civilians carrying out key immigration functions in border management and registration roles. These jobs are currently within the purview of An Garda Siochana but as part of the Minister’s push to get more Gardai out on the streets, these roles are expected to be undertaken by an additional 80 civilian staff. The new programme will see civilians carrying out checks at both Dublin Airport terminals, as well as the transfer of the immigration permission registration function from An Garda Siochana to the Irish Naturalisation and Immigration Service of the Department of Justice and Equality (INIS). The Minister noted that the Gardai “will continue to provide core policing functions at the Airport and support the civilian staff as appropriate”. The full text of the Minister’s press release can be found at: <http://www.inis.gov.ie/en/INIS/Pages/Minister%20Fitzgerald%20announces%20major%20immigration%20civilianisation%20initiative>

On the 2nd September 2014, the Minister announced major reforms of the student immigration and international education sector. This move comes in the wake of a number of private college closures this year. The reforms aim to protect the interests of genuine students, while reducing instances whereby the immigration system can be abused. A recent policy statement sets out three primary pillars of reform: only accredited programmes will be in a position to enrol international students, inspection will be increased to ensure education and immigration standards are maintained, and the non-EEA student work concession will be altered to mitigate abuse. In the course of her statement, Minister Fitzgerald also warned those students affected by college closures earlier in 2014 to regularise their status in the State and ensure they were abiding by current immigration laws. The full text of the Minister’s press release, along with links to the policy statement of the Task Force, can be found at: <http://www.inis.gov.ie/en/INIS/Pages/Ministers%20O%E2%80%99Sullivan%20and%20Fitzgerald%20launch%20major%20reform%20of%20student%20immigration%20and%20the%20international%20education%20sector>

Proposed reforms of Direct Provision Centres

Following increased media reportage into conditions in the State’s Direct Provision centres, in mid-August the Minister for Justice announced that a working group was to be established in the coming month to review the current system. The main issues outlined by the Minister include welfare payments, third-level education access, and support for children. Although Minister Fitzgerald has promised a more efficient application process would be in place by midway through 2015, she also ruled out the possibility of an absolute extension of the right to work to asylum seekers, citing the country’s unemployment issues as cause. While the establishment of a working group has been praised as a positive development by UN agencies, in more recent days that Minister has warned against “unrealistic expectations” in terms of reform. At present some 4,330 adults and children are being housed in Direct Provision centres around the country. Pressure is mounting on the Government to improve living standards, with recent weeks seeing asylum seekers protesting the system and calling for an end to Direct Provision entirely. Full articles on the above can be found at: The Irish Times “Government to review conditions for asylum seekers” 12th August 2014 <http://www.irishtimes.com/news/social-affairs/government-to-review-conditions-for-asylum-seekers-1.1894079> The Irish Times “Minister warns against unrealistic expectations on direct provison” 25th September 2014 <http://www.irishtimes.com/news/politics/oireachtas/minister-warns-against-unrealistic-expectations-on-direct-provision-1.1940425> The Irish Times “Asylum seekers mount protest at Cork direct provision centre” 15th September 2014 <http://www.irishtimes.com/news/ireland/irish-news/asylum-seekers-mount-protest-at-cork-direct-provision-centre-1.1929294>

Immigration, Residence and Protection Bill 2010

As part of her pledge to speed up the asylum process in the coming year, Minister Fitzgerald has committed to the introduction of a Single Procedure Mechanism, as distinct from the provisions of the currently dormant Immigration, Residence and Protection Bill. The Single Procedure Mechanism would allow claims for asylum and subsidiary protection to be made simultaneously. At present, claimants must first seek asylum, regardless of whether they meet the stringent criteria for refugee status. This procedure could theoretically save claimants years of waiting, and has been campaigned for by numerous organisations including the Irish Refugee Council and NASC. Publications and press releases on the above can be found at: “Press release: NASC welcomes renewed government commitment to reform of direct provision” 12 August 2014 <http://www.nascireland.org/latest-news/press-release-nasc-welcomes-renewed-government-commitment-reform-direct-provision/> “Roadmap for Asylum Reform” < http://irc.fusio.net/wp-content/uploads/2011/08/Roadmap-for-Asylum-Reform2.pdf> 


Brophy Solicitors

THE URGENT NEED FOR REFORM OF DIRECT PROVISION SYSTEM

With significant immigration reform promised for 2014, most specifically with respect to the Immigration, Residence, and Protection Bill, many have called for changes to the State’s direct provision system. Direct provision is a system designed to provide for the welfare of asylum seekers and their families on a “no choice” basis while awaiting application decisions. Composed of a monitored network of institutional buildings, local hostels, hotels, and guest houses, direct provision provides room and board, medial care, and a nominal personal allowance for asylum seekers and their families. 

The system was originally instated in April of 2000 and aimed to house asylum seekers for approximately 6 months while their application was processed. Today, however, most spend between three to seven years in direct provision, most often in accommodation that were never meant for long term living. With 35 centres spread across the country, living conditions vary, however most require shared housing for single applicants, single rooms for families, and scheduled meals three times a day. They also prohibit applicants from seeking work and provide little integration support in the form of psychological aid, education, and legal support.

With many asylum seekers now spending lengthy periods of time living under these circumstances, critics have focused primarily on the systems impact on the mental and physical well being of both applicants and their families, most especially with respect to children. Growing up in this institutionalized setting, children are provided little space to play, minimal stimulation, deprived of family meal times, and given little opportunity to integrate into a community or educational setting with children their age. The mental health of adults is of similar concern, as they are essentially forced to remain idle throughout their time in direct provision and given little opportunity or means to integrate into society.

In responding to these issues, the Irish Refugee Council has called for a series of reforms to the direct provision system including:

• Creation of a non-profit centre providing essential psychological and legal services for this vulnerable population
• Appropriate accommodations with respect to family life
• A system that embodies the best interest of the child
• A system that identifies and properly supports individuals with special needs and vulnerabilities
• Availability of legal advise
• Independent companies and inspection mechanisms
• Transfer to independent living within a maximum of 6 months
• Healthcare
• Right to work

Many of these reforms are required by the EU Reception Conditions Directive (2003) which ensured access to housing, food, healthcare, employment, medical and psychological care for asylum seekers. While Ireland chose not to sign up to this Directive, the Irish Refugee Council argues that Ireland is held accountable to many of these standards by various EU provisions and emphasizes Ireland’s international obligations most specifically with respect to human rights.

While the Irish Refugee Council acknowledges that these changes cannot occur over night and encourages steps to be taken over time, it aims to have these reforms addressed and implemented in the promised 2014 Immigration, Residence, and Protection Act.

BROPHY SOLICITORS IS PROUD TO SUPPORT THE IRISH REFUGEE COUNCIL’S FUNDRAISING EVENT TO MARK WORLD REFUGEE DAY

On Saturday 22nd June the Irish Refugee Council is hosting a fundraising evening – a medley of entertainment featuring music, prose, art and poetry. The event, which will be held at the Unitarian Church on Stephen’s Green, will come at the end of a week of activities across Ireland and beyond marking World Refugee Day which is on June 20th. 

A variety of artists from the Nigerian, Iranian and Sierra Leonean communities among others, and from Ireland, along with a number of young people performing their own composition with headliner Ben Okafor will take the stage. 

Tickets are €20 with a limited number available to students and the low-waged at a reduced price of €10. Funds raised will go towards supporting the work of the Irish Refugee Council and in particular, our work with young people seeking asylum in Ireland.

The event will commence at 7.30pm and all are welcome.

Sarah Henry

Brophy Solicitors

Asylum children in 'extreme poverty'

Brophy Solicitors would like to take this opportunity to commend the IRC (Irish Refugee Council) on their report into the living conditions of young adults and children in direct provision accommodation within the State.

The report was published today and highlights issues which arise with direct accommodation for asylum seekers. The report found that there were numerous reports of malnutrition amongst young women and expectant mothers.

Within its report the IRC highlighted one particular case from a Mayo accommodation center that once a child reached six months, no more baby or toddler foods would be provided and the children would only be supplied with food “consistent with the rest of the residents”.

Brophy Solicitors

18.09.12

http://www.irishtimes.com/newspaper/breaking/2012/0918/breaking39.html

Special vulnerabilities of asylum seeking children brought to light in Special Rapporteur’s Report

The Irish Refugee Council, on 9^th August 2012, discussed a Special Rapporteur’s Report, discussing the specific difficulties that face children seeking asylum. Specifically, the Report highlights the difficulties of raising children in Direct Provision, the state-sponsored accommodation provided for asylum-seekers. Problems include “over-crowding, institutionalised poverty,” and the inability of parents “to provide their children with a normal family life.”

Children also face a higher risk of abuse, since poor conditions are rampant, the accommodation is crowded, and parents have little control over who interacts with their children.

The Report calls for research into the specific vulnerabilities that children of asylum seekers face, and the IRC celebrates this decision. The IRC also calls for a reform of Direct Provision, with the needs of the children addressed.

Brophy Solicitors

23.08.12

http://www.irishrefugeecouncil.ie/news/special-vulnerabilities-of-asylum-seeking-children-brought-to-light-in-special-rapporteurs-report/1297

European Commission Report on Immigration and Asylum

The European Commission last week published its annual report  into immigration and asylum in the EU. This is the third year the Commission has reported on this area, responding to a request from the European Council to track the main developments at EU and national levels.

To be welcomed are the positive public attitudes towards the protection of asylum seekers and internal migration within the EU and the overall conclusion of the report that migration is essential for the enhancement of the EU, despite current economic recessionary pressures.

With respect of asylum, in the year 2011, the EU experienced an increase of 16.2% in asylum applications. The report notes that this increase reflected the dramatic events of the Arab Spring. In terms of public attitudes towards those seeking asylum, a sizeable 80% of those polled believe that EU Member States should offer protection and asylum to those in need.

The report identifies the achievement of a Common European Asylum System in 2012 as a key aim of the EU. However, to the outside observer, conflicting political priorities and standards across EU Member States appear to make fulfilment of that goal a long way off. Indeed, a recent opinion piece in the Irish Times by Sue Conlon of the Irish Refugee Council notes the serious shortcomings and disparities in our own asylum appeals system.

With respect of migration within the EU, 67% of those polled for the report that travelling within the EU without internal border controls is important to them. The report highlights that Schengen, as an area without internal border controls, is one of the principal pillars of the EU and has facilitated travel for over 400 million Europeans in 26 countries.

The report is careful to place the EU's migratory situation in the wider global context, noting that just 9.4% (around 20.2 million) of the world's migrants are third-country nationals residing in the EU.

Overall, the report reflects our own view that migration can be an enriching experience for EU Member States. Indeed, the report found that public attitudes towards migration and asylum are generally positive. As the report concludes: “Migration is and will continue to be an essential enhancement for the EU, not only in economic terms, but also in respect to the social and cultural aspects of our societies. Understandably, it has also contributed to certain perceptions which need to be aired through open and balanced debates, not dominated solely by anti-immigration rhetoric. Whilst the downsides of migration are often widely reported, one should not forget the positive contributions that migration brings and will need to bring in order for the EU to grow and continue to thrive.”

Brophy Solicitors

03.06.12 

Update on Subsidiary Protection and Somali Claims

Last week we attended a very instructive training on recent developments on Subsidiary Protection (Article 15(c) of the Qualification Directive) and Article 3 of the European Convention of Human Rights (ECHR). The training was part of a series of masterclasses  by the Irish Refugee Council. 

Colm O'Dwyer BL took the morning session providing a helpful overview of recent developments in Ireland. Ronan Toal, a barrister at Garden Court Chambers in the UK, then shared his specialist knowledge and expertise in the application of subsidiary protection and Article 3 to Somali claims in particular.

A number of recent cases were discussed in the course of the training. Of particular interest was the most recent reported UK case dated 28^th November 2011 that considers the situation in southern and central Somalia and claims for protection: AMM and others (conflict; humanitarian crisis; returnees; FGM) Somalia CG. Following the decision of the Grand Chamber of the European Court of Human Rights in Sufi & Elmi v the United Kingdom [2011] ECHR 1045, AMM and others provides extensive further country guidance for southern and central Somalia. It is the first reported case in the UK to have found that there was a risk of serious harm to the claimant within the meaning of Article 15(c) in circumstances where there was no such risk arising under Article 15(b) or Article 3 ECHR. Essentially the Court held that a claim for subsidiary protection under Article 15(c) could be made out even in circumstances where there was no breach of Article 3 ECHR.

Ronan Toal also drew attention in the training to the findings in the decision in AMM and Others in relation to a claim under the Refugee Convention. The Court held that a claim for protection on grounds of religious persecution could be made out under the Refugee Convention where an individual was not in a position to comply with the strict al Shabaab religious rules.

These recent developments have implications for Somali asylum applicants who have previously been refused asylum. In light of the dire security and humanitarian situation in southern and central Somalia, a claim for subsidiary protection may be made out. Our own experience is that there continue to be lengthy delays in the Department of Justice determining. Furthermore, applicants for subsidiary protection may now be in a position to submit a new claim for asylum, particularly if they have been out of Somalia for a long period and are in a position to show difficulties they would have conforming with the strict al Shabaab regime.

Brophy Solicitors

23.01.12