UNHCR Calls for Asylum Reforms to Uphold Fundamental Rights

UNHCR, the UN Refugee Agency welcomes Ireland’s efforts to reform its asylum system through the proposed International Protection Bill, introduced as part of Ireland’s implementation of the EU Pact on Migration and Asylum. The Bill presents an opportunity to strengthen the country’s asylum system and benefit people seeking protection, and the Irish communities hosting them.

While reform of Ireland’s asylum laws are welcome, UNHCR urges the Irish Government to ensure that new measures introduced under the Bill protect asylum seekers’ fundamental rights and guarantee fairness.

Speaking ahead of the Oireachtas Justice Committee hearing on October 21st, Maria Hennessy, UNHCR Ireland said:

“This is an opportunity to get it right, to build a strong, fair and efficient asylum system, one that works for Ireland and for people who need protection. We urge the Oireachtas to ensure that the International Protection Bill includes the necessary safeguards to uphold the rights of all refugees and asylum seekers, especially the most vulnerable”.

UNHCR has outlined key areas where safeguards could be further strengthened in the proposed legislation, including:

• Legal Representation: There is a lack of clarity around access to legal representation in the proposed Bill. UNHCR recommends maintaining free legal assistance and representation for all applicants at all stages of the asylum process, in line with the current practice. This will lead to better quality decisions and will reduce the volume of appeals, resulting in a more efficient and cost-effective system.
• Appeals: Proposed timelines for appeals are very short - five days in some cases and two weeks in others – and may not comply with EU law. Such short timelines, particularly for vulnerable applicants, mean that applicants may not have enough time to access legal advice and properly prepare their appeals. UNHCR recommends ensuring flexibility in the process to allow for extensions and for the submission of late appeals.
• New ‘Border Procedure’: The proposed, new asylum border procedures must fully uphold all legal safeguards. Any restriction of movement under these new procedures should not amount to de facto detention. UNHCR urges the Government to retain the legal prohibition on the detention of children and to ensure that vulnerable groups, such as unaccompanied minors or the victims of trafficking are channeled into regular asylum procedures.
• Chief Inspector: The Bill proposes the establishment of a new Chief Inspectorate of Asylum Border Procedures. This is a welcome development and aligns with UNHCR’s recommendations. However, the Chief Inspector must be fully independent with the power to refer rights violations for appropriate follow-up.

Ireland is committed to a fair and efficient asylum system. The International Protection Bill, together with implementation of the EU Pact on Migration and Asylum provides an opportunity to ensure that those fleeing war and persecution can find safety and protection in line with Ireland’s long-standing tradition of upholding human rights.

Read UNHCR’s comments on the General Scheme of the International Protection Bill here

For more information contact

Maria Hennessy, Government Liaison Officer

UNHCR Ireland

M: 087 226 6211

Email: [email protected]

For media enquiries contact:

Aoife Kavanagh, Senior Communications Associate,

UNHCR, Regional Representation for European Union Affairs,

Ireland, The Netherlands, Portugal, Belgium, Luxemburg

M: 087 91916705

Email: [email protected]