A Chance for Change

31.3.2009

The Single Protection Procedure – A chance for change

 Judge Catherine McGuinness the President of the Law Reform Commission will launch The Single Protection Procedure – A chance for change written by Brian Barrington B.L. for the Irish Refugee Council next Tuesday March 31st.

Significant legal changes which will have important implications for asylum seekers – those seeking protection in Ireland – are imminent in 2009: the Immigration Residence and Protection Bill 2008 introduces a single procedure for the determination of protection applications, that is to say applications for refugee status or subsidiary protection[*].  The Irish Refugee Council sees this as a rich opportunity to ensure that the Irish asylum system is fair and transparent. The report points out that, contrary to popular perception, the Irish protection rate – granting of refugee status – is far below the EU average.

 Robin Hanan, CEO of the Irish Refugee Council states “The single procedure is an enormous opportunity to bring about positive change to Ireland’s protection system. It is in the interests of protection applicants and the Irish people alike that this opportunity is seized – and not squandered.  Without proper investment, the single protection procedure could lead to more errors in decision making which could lead to applicants – asylum seekers – being put in danger by being wrongly returned to their country of origin”.

 The single procedure does have real advantages by cutting down on delay. However it needs to be well structured, well managed and well resourced in order to deliver fairness and to minimise the need for judicial review. This report The Single Protection Procedure – A chance for change makes recommendations that should help deliver this, below are some of these recommendations:

 

  • Ireland has a large number of judicial reviews taken – and a large number being settled, suggesting that decision making at first instance and on appeal before RAT needs to improve
  • ORAC – Office of the Refugee Applications Commissioner – is to be abolished. INIS – Irish Naturalisation and Immigration Service - will take over its functions. INIS unlike ORAC an independent body is part of the Department of Justice and, by definition, is subject to political direction and control. It is recommended that the Minister provide reassurance that protection applications will be determined impartially. Public attitudes on asylum issues should never skew this process.
  • The process needs to be transparent at all stages: all existing guidelines on protection should be published and the IRP Bill should require that substantive interviews be  audio recorded
  • Applicants should be clearly advised to seek legal advice at the earliest possible stage and, above all, before they fill out the questionnaire outlining their case for protection.
  • Where negative findings as to credibility are made, these should always be fully reasoned, and negative findings should not be drawn on the basis of peripheral matters only.