UNHCR, the UN Refugee Agency welcomes asylum laws and calls for fair, human-rights based implementation

UNHCR, the UN Refugee Agency welcomes the passage through both Houses of the Oireachtas of the International Protection Bill. This legislation paves the way for Ireland’s implementation of the EU Pact on Migration and Asylum that will enter into force on 12^th June and marks an important step towards the creation of a more robust and efficient asylum system.

The Bill introduces several positive measures, including the establishment of a Chief Inspector to monitor the asylum border procedure, the designation of the Health Information and Quality Authority (HIQA) as the monitoring body for international protection accommodation centres, an enhanced assessment mechanism for identifying asylum seekers with specific needs and stronger safeguards for the representation of unaccompanied children.

“This Bill is the first step in creating a more efficient, streamlined asylum system that works for both refugees and Ireland, said Maria Hennessy, UNHCR Ireland.

"While welcoming the Government’s clear commitment to strengthening the capacity of the determining bodies we urge proper resourcing of the Legal Aid Board and the new Chief Inspector’s office to support timely access to legal counselling and representation, effective access to asylum procedures, and robust monitoring of the asylum border procedure. This will require significant investment in training, staffing and infrastructure.” she added.

UNHCR regrets that the International Protection Bill provides for the detention of children in exceptional circumstances even if only as a measure of last resort. UNHCR’s position is that children should not be detained for immigration-related reasons as per human rights law. The Bill introduces the concept of ‘restriction of freedom of movement’ for the first time in national asylum law. Any such restrictions should not amount to de facto detention in practice.

With regard to family reunification, while welcoming the expanded definition of family members to include dependent adults, UNHCR is concerned by the introduction of a two-year waiting period before beneficiaries of international protection can apply for reunification. The new and stringent income requirements are also a cause of concern:

“These new provisions will significantly restrict the ability of refugees to be reunited with their loved ones.  Reunification with close family members is often the most pressing issue for refugees and prolonged separation can have a long-lasting detrimental effect and can hinder integration.” said Hennessy.

UNHCR recommends that the government conducts a timely evaluation of these new provisions following their implementation to ensure Ireland meets its legal obligations in relation to the right to family unity, private and family life.

The need for an asylum system that is both efficient and fair is widely acknowledged. These objectives are not mutually exclusive and when properly balanced can reinforce one another. UNHCR stands ready to support the Irish authorities in implementing the new legislation to help ensure an asylum system that is both efficient and protection-sensitive, while fully upholding Ireland’s obligations under international refugee and human rights law.

FOR MORE INFORMATION PLEASE CONTACT:

Maria Hennessy, Government Liaison Officer

UNHCR, Dublin, Ireland

Email: [email protected]

M +353 87 2266211

Aoife Kavanagh, Senior Communications Associate

UNHCR, Regional Representations for EU Affairs and Ireland, Brussels, Belgium

Email: [email protected]

M +353 87 9196705