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Sam Boal/Photocall Ireland

Column We have bypassed the opportunity to introduce a humane asylum process

Our Minister for Justice has bypassed the opportunity to introduce a humane and expedient way of processing asylum applications in favour of a new, unwieldy system which will lead only to further delays, writes Fiona Hurley.

THE IRISH ASYLUM system has come under sustained criticism in the past twelve months. Since December 2012, the legality of the way in which asylum and subsidiary protection applications are determined in Ireland has been undermined by the Irish High Court in the MM case which found that the Irish system did not meet the requirements of EU law.

The way in which Ireland treats its asylum-seeking community has drawn high-profile criticism from the former Ombudsman Emily O’Reilly, who had significant concerns about the direct provision system. Direct provision is the system by which the State provides accommodation and board to asylum seekers while they await the determination of their cases in the State. Minister Alan Shatter was himself a vocal opponent of the system while he was in opposition.

On an international level, the High Court of Northern Ireland recently granted an order to a Sudanese family of asylum seekers residing in Belfast, preventing their removal from Northern Ireland to the Republic of Ireland.

The court found that the best interests of the children in the case would not be served by removing them to Ireland due to the deficiencies of the Irish direct provision system. The judgement quoted from two Irish Supreme Court judgements which included serious reservations about the humanity of the system. The Irish High Court has granted leave to three families to challenge the system of direct provision in Ireland. The case is likely to be dealt with next year.

Lives in standstill

Against this backdrop of uncertainty and criticism, the Department of Justice suspended the processing of subsidiary protection applications until such time as revised procedures in compliance with EU requirements could be put in place. For hundreds of asylum seekers this meant that their lives came to a standstill for several months while changes were made to the Irish legislation.

NGOs and immigration practitioners viewed this as an opportunity for the Minister for Justice to finally introduce a ‘Single Procedure Mechanism’ which would allow for asylum seekers to have all their claims for protection heard concurrently, rather than engaging in a three-step structure whereby asylum seekers must wait for the determination of one application before being permitted to pursue the next application.

One very obvious fault with the three-step structure is that an asylum seeker who knows they do not fit the strict requirements of the legal definition of a refugee under Irish law but believes that they could well be considered a person eligible for subsidiary protection – a status with different legal requirements – could not apply for subsidiary protection until their application for refugee status was heard and refused – a process which could take months.

The single procedure mechanism

The single procedure mechanism has widespread approval from NGOs, private practitioners, human rights bodies and state officials and is the norm in all other EU States. The Immigration, Residence and Protection Bill 2010 proposed to reform the system by introducing the Single Procedure Mechanism, and State bodies such as the Office of the Refugee Applications Commissioner were prepared for the introduction of the Single Procedure Mechanism. The IRP Bill 2010 still has not been passed, and the Minister has indicated that a new bill will be introduced next year which is expected to contain the Single Procedure Mechanism.

In short, Irish institutions have been both expecting and gearing up for the Single Procedure Mechanism for the past several years. The MM case gave the Minister the ideal opportunity to introduce the Single Procedure Mechanism in advance of the Bill. This would have given the Minister the opportunity to separate out an already widely approved aspect of a mammoth piece of legislation and iron out any kinks before the introduction of the next IRP Bill.

A new – unwieldy – system

On the 13th November the Minister published the statutory instrument which put in place interim procedures to comply with our obligations under EU law. To refer to the statutory instrument, in its current form, as a ‘missed opportunity’ is an understatement. The Minister for Justice has bypassed the opportunity to introduce a humane and expedient way of processing applications in favour of a new unwieldy system which will lead only to further delays.

The new statutory instrument keeps the three part structure but adds additional processes. To comply with the MM judgement, applicants for subsidiary protection will be given the opportunity to have an oral interview and a right of appeal afterwards, which we welcome. However they will continue to have to wait until their application for refugee status and any appeals arising from this are heard before it is possible to get to this stage.

The already deplorable delays in the system can only be exacerbated by this new regime. For those with no choice but to live in direct provision, the concessions the Minister has made by providing an oral hearing and a right of appeal will be cold comfort. Justice delayed is justice denied.

Fiona Hurley is the Legal Information and Capacity-Building Officer at Nasc.

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115 Comments
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    Mute Jeremy Usbourne
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    Apr 15th 2014, 7:35 PM

    Thanks Eamonn Gilmore/Joan Burton for giving this insidious practice of free labour the fullest government endorsement.

    (In spite of the economic & social costs).

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    Mute Luke Broghan
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    Apr 15th 2014, 7:43 PM

    Has there ever been a comments section on this in which nobody says the word government?

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    Mute Stephen Murphy
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    Apr 15th 2014, 7:50 PM

    Luke, in case you didn’t know? Governments have power, they are lobbied and influenced by Business connections and they put them first before the citizens they are paid to protect. That education, was free and no need to thank me!

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    Mute Luke Broghan
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    Apr 15th 2014, 8:04 PM

    Cheers Stephen, still doesn’t make it necessary to bitch about Shatter in every article though

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    Mute Les Rock
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    Apr 15th 2014, 8:07 PM

    Read again. Stephen never mentioned shatter

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    Mute Arthur Pewty
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    Apr 15th 2014, 8:16 PM

    ive never cringed so much. Luke clearly sees the usual “has there ever been a comment section with the government not mention” phrase and tries to use it first here himself. cringe.

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    Mute Luke Broghan
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    Apr 15th 2014, 8:18 PM

    I never said he did

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    Mute Norman Hunter
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    Apr 15th 2014, 8:28 PM

    Luke step away from the shovel like a good lad.

    115
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    Mute Luke Broghan
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    Apr 15th 2014, 8:43 PM

    If I’m going to dig myself a hole I’m going to dig the biggest one! #gohardorgohome

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    Mute Maurice Quille
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    Apr 15th 2014, 9:20 PM

    Agreed. By the same token we the people elect them. As employees have contracts, why can’t our politicians.

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    Mute James Sullivan
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    Apr 16th 2014, 2:53 AM

    Who is to blame? Fact is this is government driven, and of course the company’s will take advantage. Who do you blame? The people who brought these schemes are the same people that run the country. These schemes are to fluff up the unemployment figures so they can say that these people are in training and not unemployed and after 9 months when they don’t get job they are forced back onto another job scheme. For more slave labour wages

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    Mute Mary Kavanagh
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    Apr 16th 2014, 8:46 AM

    I thought there hey already. Unfortunately it’s a five year one and if we turf them out we get more of the same in their place.

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    Mute Chris Kirk
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    Apr 16th 2014, 10:52 AM

    This was one of the first things that this government introduced after taking over. Joan Burton had an American internee helping her during the election campaign and liked the idea. The difference being that the American girl came from a wealrhy family and didn’t mind not being paid to gain the work experience in Ireland.

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    Mute Kerry Blake
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    Apr 15th 2014, 7:34 PM

    “but employers can’t seem to resist the almost-endless supply of cheap labour.” That’s fuelled by the government John with their scambridge scheme.

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    Mute Florence Nightingale
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    Apr 15th 2014, 7:42 PM

    I’m in the same boat. Searching desperately for work. Sending a million job applications (and some of them really make you jump through hoops) and I got one phone interview. One. For a job in the UK.

    It was for a job that had been advertised as a full time retail job and when I spoke to them I was told it was for between 12 and 27 hours per week, with no guarantee I’d ever get 27. Simply not enough to live on with rent/food/bills being non-negotiable. I wasn’t offered the job but I wouldn’t have been able to take it even if I had been.

    A cousin of mine in the same boat was offered a retail job at maximum of 20 hours a week, spread over five days. And they’d have to drive to the airport each day to do the job. Not feasible at all.

    I really hope that people who spout the rubbish that “there a loads of jobs out there for those that want them” read this article and learn and understand what the jobs market is actually like rather than what they imagine it to be like.

    We are in an employers’ economy. They can exploit workers desperate even for a few hours and everyone is left scrabbling around for the spoils while the workers that do have full-time jobs are finding their workload ever increasing as they are forced to pick up the shortfall.

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    Mute Florence Nightingale
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    Apr 15th 2014, 7:45 PM

    P.S. Both jobs I mentioned were for big brand retail chains.

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    Mute Seán O'Sullivan
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    Apr 15th 2014, 7:49 PM

    very well said Florence. Its a living nightmare. I left the UK because I couldn’t live on the wage I was finally being offered, since returning? Biggest mistake ever, nothing but old fashioned folk buying into government propaganda, people hardly even bother to send you their rejection email, even more people seemingly agree with exploitative schemes.
    At this stage, Hope is very fleeting indeed.

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    Mute George Grey
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    Apr 15th 2014, 7:43 PM

    …….and trying to find employment after being self employed is akin to approaching a prospective employer and telling them you have an incurable disease. ….

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    Mute Gerry Ryan deG
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    Apr 15th 2014, 9:17 PM

    Or be over 50 years old or Ever have earned more than the employer is offering or Ever held a more senior position to the one being offered and any amount of other ‘reasons’ or Excuses.

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    Mute cnocánanmactíre
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    Apr 15th 2014, 7:47 PM

    Welcome to Ireland, a great place to do business. Corporate tax levels are low and big business can have what it wants. If you are a young person looking for work, you can take the scraps offered or p### off somewhere else, please. We have employment figures to massage don’t you know.
    Thank you.
    Inda, Eamon and friends.

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    Mute SeanieRyan
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    Apr 15th 2014, 8:53 PM

    It is all over Europe. This is what European wide free movement of Labour is about.

    An over supply of cheap labour that can under cut previous norms.

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    Mute Michael Fagan
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    Apr 16th 2014, 1:10 AM

    @seanieryan, what has the failure of the Irish government to introduce employment legislation guaranteeing minimum working hours an wages, got to do with European governments, many of which has such laws, like the Scandinavian countries.

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    Mute Proinsías Barrett
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    Apr 16th 2014, 7:10 PM

    I wouldn’t be so quick to exonerate our legislatures Michael, I think Seanie has a very valid point there one which it seems is by-passed and ignored due to it’s whiff of conspiracy. However at the EU level, belonging to various ‘groupings’ is not all fun and games (is it the European Peoples Party that Fine Gael are members of?) lobbyists from industry and Trans National Corporations work very hard to influence national legislation in their favour through these groupings. Indeed an example might be the trebling of corporate lawyers in Brussels lobbying hard for the Bio-Tech industry in recent months due to EU wide resistance to GM foods/feeds and chemical sprays. As Seanie states the trends across Europe and North America/Canada are there to be seen in plain English, it is just not being collected and viewed as a trend with intent. And the least discussed or talked about is the further discomfiture of 100,000 indigenous Irish nationals between 18 and 50 emigrating annually, while over 50,000 non EU nationals enter the country seeking work annually? whats that about?

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    Mute pstapo
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    Apr 16th 2014, 10:03 PM

    ITS only Treason ,the sellout of our country ,these politicians have abandoned our people and betrayed our country,they should be arrested ,no bail revoke their 30 pieces of silver lottery judas pensions,thats just for starters .Ihave a new 5 point plan for Ireland 1 Default ,Depart 3Devalue 4 Deport 5 Detain all of these political traiters,bankers ,senior civil servants,planners,the list is long ,if any of you care about your country then BOYCOTT these EU elections on may23

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    Mute Shirley Costello
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    Apr 15th 2014, 7:43 PM

    A very well put together article. Well said John Verling.

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    Mute pstapo
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    Apr 16th 2014, 10:10 PM

    Now guys will you all call for this utter invasion of our country to Stop ,Ireland must leave this monster European Disunion and REVERSE this utter invasion of our country,i fully expect to be barred from commenting ,Free speech is the new racist activity ,watch this space

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    Mute Les Rock
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    Apr 15th 2014, 7:37 PM

    Goodbye labour

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    Mute Dave O'Hanlon
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    Apr 15th 2014, 9:47 PM

    The day is getting closer where the message will be delivered to these turncoats, that said the Labour traitors at the top will be too busy with their pension investments.

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    Mute Leonard Annett
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    Apr 15th 2014, 7:55 PM

    I was recently on a similar scheme in the North. Not only did the employer use me for tasks that were unrelated to the job, but I was also doing a 45 hour week for £65.

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    Mute Straighttalker
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    Apr 15th 2014, 9:03 PM

    And this lying government are constantly bragging unemployment is down , kenny and company the worst shower of gangsters in the history of the state with their constant lying and spin, and with dreaded water rates still to come

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    Mute Nigel O Keeffe
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    Apr 15th 2014, 9:08 PM

    If you have a vacancy..you have a vacancy ..fill it..pay the going rate..jobsbridge should only be used by people who want to get a foot on the ladder in their chosen career..or somebody who wants to change career ..and get some revelant experience..as it was originally intended
    Who changed the structure to what it is now..who benefits?from what is basically social welfare for employers

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    Mute Anastasia Morley
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    Apr 15th 2014, 8:20 PM

    This government needs a rude awakening this job bridge scam is so downgrading for our young people paid a pittenance

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    Mute Andy Gilroy
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    Apr 15th 2014, 10:07 PM

    I completed a 9 month jobbridge internship a few weeks ago for an office job. Kept my head down and was made permanent at the end.

    My personal circumstances at the time (health/lack of experience) meant that I stood little or no chance of gaining employment in that field or any other for that matter! Job-bridge helped me back into the world of work and yes it has been exploited by some but I think if you choose the correct employer & conditions then it can be a help to you.

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    Mute Neil Carmody
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    Apr 15th 2014, 11:01 PM

    That’s great to hear Andy, glad you benefited from the jobsbridge scheme. I thought it was a good idea at the time and it has led to permanent employment in some cases. Unfortunately it was exploited by many employers and wasn’t regulated to any extent

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    Mute Máire Devine
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    Apr 15th 2014, 9:09 PM

    LP /FG Councillors voted down SF motion condemning mandatory Gateway yesterday at Council meeting. . ” at least it gets them out of bed” jaysus- how patronising . FFers absent. Gateway a misnomer – doesn’t open any for a potential future job. Manipulation of unemployment figures. Cynical and nauseating treatment of the people of no property. Shame on you all. #LE14

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    Mute Florence Nightingale
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    Apr 15th 2014, 9:42 PM

    @Marie

    “…at least it gets them out of bed” jaysus- how patronising .”

    Completely patronising. I have no idea where this notion that people who lose their job take permanently to their beds has come from.

    Work is not the only thing that people do. We are not automatons that switch off when we clock off. People still have lives outside work. We have children/parents/grandparents/pets to care for. Meals to cook. Laundry to do. Hobbies to engage in. Exercise to do. Books to read. Internet to search on. Cars to drive in. Shopping to buy. Friends to see.

    The vast majority of people who are unemployed don’t stay in bed all day. They don’t have the luxury.

    The fact that government members and politician consistently define people’s worth by their job just shows how narrow minded they are and how utterly incapable they are of seeing taxpayers as anything but a cash cow with no life or meaning beyond what they can suck out of them.

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    Mute Peter Richardson
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    Apr 15th 2014, 10:45 PM

    Sadly, many labour protective laws are being diluted or dismantled. We are going backwards. Decent values are being lost.

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    Mute Sean Beep
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    Apr 15th 2014, 7:36 PM

    If employment is so important, I dread to think how we will adapt to the automation of the vast majority of jobs needed

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    Mute Florence Nightingale
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    Apr 15th 2014, 8:04 PM

    @Sean

    I think it’s already begun. We have far too many people (in the western world’s economy at least) and not enough jobs. It’s basic maths.

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    Mute Monica Murphy
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    Apr 15th 2014, 11:24 PM

    I’m a small business owner (I’m actually quite tall!) in West Waterford looking for a training and development specialist who has a training qualification. Send your CV and positive attitude to info@moneredevelopmentservices.com we all hear about the employers who don’t get back to people but what about the employees who don’t apply with genuine effort and energy?

    42
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    Mute TOP CAT
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    Apr 15th 2014, 7:34 PM

    Who would want to be a TD.
    God bless them all…..

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    Mute Seán O'Sullivan
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    Apr 15th 2014, 7:44 PM

    in Ireland? seems like a pretty neat deal to me. morally bankrupt but individully wealthy the lot of em

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    Mute Paul Mc
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    Apr 15th 2014, 8:32 PM

    John you should join up with Fianna Gael or Labour they are always hiring more advisors and script writers at the countries expense.

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    Mute Palidine
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    Apr 16th 2014, 12:07 AM

    At the grand old age of 54,I’ve now been out of work for a year!
    Have tried relentlessly to try and find work, but to no avail.
    Jobs that I would normally apply for, offer internships, job bridge or ridiculous hours for a minimum wage!
    I like many over 50′s are as far as I can see the forgotten unemployed, if there’s a light at the end of the tunnel, someone’s switched it off!
    I’m doing an online course through Solas,on networking fundamentals, does this guarantee me a job,no,because I won’t have the prequisites that employers are looking for.
    So,over 50, employable, maybe not!

    35
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    Mute Captain kirk
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    Apr 15th 2014, 7:44 PM

    You talk as if SMEs are creaming it in on the back of cheap labour. In reality most are running at breakeven. I’d wager there wasn’t massive profit taking in your business John or it would still be open.

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    Mute Dave Byrne
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    Apr 15th 2014, 10:09 PM

    People have to remember that it was FF and calamity cock up coughlan that started this off via FAS,Also since the start of the recession the amount of agencies that have popped up is unreal,
    With the majority of them given people zero hour contracts with a flat rate of pay with no o/t premium or shift allowance paid for nights weekends etc.

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    Mute Helen Kenny
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    Apr 16th 2014, 12:06 AM

    Women I know in her 50s worked all her life till made redundant in a matter of months was told she had to do a Tus scheme (cheap labour) or lose job she was put in Charity shop were she was treated like dirt by manager who is only on CE herself left in shop on own , spoke to like dirt expected to work every weekend after been told one in 3 she reported this but stuck it out as she knew or thought she knew it would end in March so pf she went to sign on again when nightmare ended to be told she had to go back there as the manager rang to say they had ce place and wants her to do it so this women given no choice but to go back now bullying in workplace against the law but if i means live register looks good who cares and all for extra €20

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    Mute Mick Jacobs
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    Apr 15th 2014, 11:33 PM

    when Ireland is in tune with the rest of Europe re Social welfare the Troika will leave…………….

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    Mute Drew
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    Apr 15th 2014, 10:54 PM

    Sure they’ll all lap this nonsense here… 3 kids I’m assuming the author made it to his 40′s with evidently few employable skills and was counting on an ever booming economy to live comfortably.

    Fact is job markets on the up… I’m looking and many of the other skilled and talented people I know are in the same boat and after putting themselves out there are weighing up multiple offers, and when they turn down their 2nd and 3rd choice. They are being asked do they know anyone of similar standing they could recommend.

    When you ask them why their experience differs from dismal internet stories and bylines in the media about total hopelessness, jobsbridge and generation emigration… You get the same reply. Of course, what kind of people do you expect spend their days wallowing in misery, self pity, blaming the government and everyone else for their personal situation on the internet.

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    Mute Marcus O'Connor
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    Apr 15th 2014, 11:28 PM

    Neato kid, you sound like a swell guy. And what a novel idea to be out there looking for a job, unlike the other 400,000 of your co-unemployed who sit around all day with buckets over their heads. How odd though that you, of all people, are still looking for a job, especially considering this great upsurge in the employment market, which seems to have unfortunately slipped passed those bumbling fools at the CSO and other market watchers..

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    Mute Nigel O Keeffe
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    Apr 15th 2014, 11:58 PM

    Job market is probably on the up..but..only in the likes of IT ans related requiring in most cases a second language..the grim truth is that for most of the current 40 yr, s old plus plus jobseekers..with a backround in trades /construction..who are not IT professionals and even with retraining never will be….they are probably surplus to requirements in the current labour market..and are doomed to stay that way..

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    Mute Florence Nightingale
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    Apr 16th 2014, 12:16 AM

    @Drew

    It’s an easy mistake to make to assume that everyone’s circumstances match one’s own. But it takes a human being of empathy, knowledge, experience and basic humanity to understand that this is not the case.

    Anecdotal experiences are not evidence. Yes, SOME people are finding work. This is not in dispute. But you appear to be implying that 400,000 people are out of work because they are “wallowing in misery, self pity, etc”. This sort of proves my point. You’re applying your own world view to a situation you clearly do not have all the facts about and making the (erroneous) assumption that everyone is like you and everyone’s experience must be like yours and if it’s not, then they are somehow completely wrong.

    There are a myriad number of reasons why someone might be out of work. There are also a myriad number of reasons why they can’t get a job. And I’d like to once and for all put paid to the notion that all a jobseeker has to do is click their fingers and they are magically handed a job.

    The way you’re putting it, you appear to be saying that people must retrain in order to find work. Well, I’ve retrained three times and I still can’t find work. What would you have me do? Retrain a fourth time? Add yet more diversity and range to and already brimming CV? Make myself even more unemployable to a particular sector?

    You are forming an opinion without considering ALL the factors at work. The economic situation is still very dicey. The global economy continues to stagnate. Big corporations continue to slash jobs while maximising profits (not a problem until we get to the situation we’re in now) which means that low end jobs for people with fewer or no qualifications are not as plentiful as they once were.

    But then, perhaps we should all just retrain and become IT specialists with second languages. Because that’s as simple as clicking your fingers, right?

    At the bottom of it all, you are showing breathtaking arrogance because of your position and incredibly worrying hubris.

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    Mute Eoin Dineen
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    Apr 15th 2014, 7:59 PM

    Some valid points on internships such as Jobbridge.You mention employers getting something from the state if they take on employees. There is such a scheme already called Jobsplus. Not sure how you could prevent companies who were going to hire anyway from getting the cash incentive but it could be a worthwhile scheme.

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    Mute artfourfree
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    Apr 15th 2014, 9:59 PM

    Jobsplus was set up for those who had already completed a jobsbridge scheme and still were unemployed at the end of it.
    Same scheme with a different name. It’s targeted at long term unemployment and is just as useless as jobsbridge.

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    Mute Gaothmhor
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    Apr 15th 2014, 11:03 PM

    Jobsplus is an incentive paid to an Employer to employ someone off the Live Register who is on JA or JB for one or two years. You don’t have to be on Jobbridge to qualify but time spent on it can be counted if you have done an Internship. The grant is 7.5 k or 10 k to Employers spread over 2 years. http://Www.jobsplus.ie

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    Mute Vince O'Shea
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    Apr 16th 2014, 1:32 AM

    can you show us all that link for these jobs of employment, the links on there lead to same old internships bs, €50 a week extra for 9 months etc. whats the difference? where is the difference? wheres their incentive and where are these jobs they’re offering for the 7.5k grant? are the offering internships for that grant or a job? can’t find that info over there but scambridge under a different name.

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    Mute Scorpionvenomm
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    Apr 16th 2014, 2:09 PM

    Educate yourself here, get a little bit of experience for the cv then emigrate out of this hell hole and get proper wages away, sad but that’s how it’s looking.

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    Mute Pat Fitzgerald
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    Apr 17th 2014, 9:23 PM

    I have had a position advertised locally and nationally for over a month. The quality of replies beggars belief in relation to the requirements. I have had one Irish application and five non-Irish applications. The Irish application is the only one that even remotely met the required criteria. I was offering a full time position with €400 to the person who ticks the boxes properly. It’s a deli job in a supermarket… I have a job to give, I don’t want an “intern” or a “trainee”. Maybe in the grand scheme of things, the auld Dole is too handy for too many? Money for old rope mar a deireann síad..

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    Mute Edward Bowman
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    Apr 18th 2014, 2:44 PM

    I can empathise with job seekers from personal experience. Ive been unemployed despite having a good education & lucky to have qualifications. I would simply go where I can get experience & start at the bottom if necessary. Applying for jobs is really tough & getting no response is just cruel. My advice is to use any personal connection you can or try to meet the hirer as makes a big difference. When you send a cv follow up with phone call as Ive looked at CVs in a HR capacity & it shows interest & gives you a better chance. Blaming non Irish who come here to work is incorrect as they are filling positions thst Irish cant or won’t do like that Deli job? Good luck & chin up.

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    Mute Mykalos
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    Apr 27th 2014, 9:01 PM

    It’s modern day slavery and exploitation overseen by a Labour Party! You couldn’t make it up!.

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    Mute Nelly Bergman
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    Apr 16th 2014, 4:01 PM

    In the olden days unions used to look after workers rights. Still do on the continent.

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