8. Country Profile: Ireland - European Commission · 2016. 12. 6. · 8 Country Profile: Ireland...

Country Profile: Ireland 1

8.� Country Profile: Ireland

2 Country Profile: Ireland

This Study has been carried out by PLS RAMBOLL Management, on behalf of the

European Commission (Directorate General for Justice and Home Affairs). The opin-

ions expressed by the authors do not necessarily reflect the position of the European

Commission.

European Community, 2001

Reproduction is authorized, except for commercial purposes, provided the source is

acknowledged and the attached text accompanies any reproduction: "This study has

been carried out on behalf of the European Commission (Directorate General for Jus-

tice and Home Affairs). The opinions expressed by the authors do not necessarily

reflect the position of the European Commission."


Content Page

8. Country Profile: Ireland .........................................................................................1

8.1. Introduction..................................................................................................5

8.2. Background information on Ireland ..............................................................5

8.2.1. Trends in the number of applicants ...................................................5

8.2.2. Number of asylum statuses granted..................................................6

8.2.3. Main countries of origin.....................................................................6

8.2.4. Costs ................................................................................................7

8.3. Organisation of the asylum procedure .........................................................7

8.4. Legal basis ..................................................................................................9

8.4.1. Planned changes in the Law.............................................................9

8.5. Arrangements immediately upon arrival.....................................................11

8.6. Accommodation.........................................................................................13

8.6.1. Names and addresses of reception and accommodation centres ...13

8.6.2. Special treatment............................................................................14

8.6.3. Standard facilities of reception and accommodation .......................15

8.7. Means of subsistence ................................................................................16

8.8. Access to education...................................................................................17

8.9. Access to the labour market ......................................................................18

8.10. Access to health care ................................................................................18

8.11. Rules on detention and restrictions in free movement................................20

8.12. Differences in Treatment According to the Stage of the Asylum Procedure

and the Type of Status Sought ..................................................................21

8.13. Political atmosphere around refugees and immigrants...............................22

8.13.1.International co-operation ...............................................................24

8.14. Other information.......................................................................................24


8.1.� Introduction

The information gathered in this profile is based on three different sources of informa-

tion:

• Responses returned by the Directorate for Asylum Support Services in May 2000

in a questionnaire prepared by PLS RAMBOLL Management

• Background documentation (mainly statistics)

• Information gathered during visits and interviews with key actors in the Irish asy-

lum procedure.

The visit to the Ireland was carried out 26th-28th of June 2000. The following were

visited and/or interviewed:

• The Department of Justice, Equality and Law Reform. Mr. David Costello.

• The Department of Justice, Equality and Law Reform. Directorate for Refugee and

Asylum Support Services. Ms. Berenice O´Neill.

• The Department of Social, Community and Family Affairs. Ms. May Lally.

• The UNHCR. Mr. Stephen O´Brien.

• The Irish Refugee Council. Mr. Peter O´Mahony.

• The Irish Times. Ms. Nuala Haughey.

• The Asylum Accommodation Centre at Rathdrum.

8.2.� Background information on Ireland

8.2.1.� Trends in the number of applicants

As well as Convention refugees, Ireland recognizes two additional categories; the

“programme refugee” and status equivalent to exceptional leave to remain. The cate-

gory “programme refugee” is constituted by section 24 of the Refugee Act 1996 (i.e. A

person to whom leave to enter and remain in the State for temporary protection or re-

settlement as part of a group of persons has been given by the government).

Under section 17 (6) of the Refugee Act, 1996 the Minister, at his discretion, can grant

leave to remain to asylum seekers whose application for asylum has been unsuccess-

ful.


8.2.2.� Number of asylum statuses granted

The number of asylum applications has increased dramatically during the 1990s. In

1992 Ireland received 39 applications. This number increased to 1179 in 1996 and to

7724 applications in 1999. Ireland is expecting approximately 12,000 applications in

2000 (Directorate for Refugee and Asylum Support Services).

Table 8.1: Number of statuses granted

1994 1995 1996 1997 1998 1999 2000(31/7)

Granted refugee status at first stage 4 15 36 209 128 160 120

Granted refugee status at appealstage 0 0 0 4 40 351 207

Refused Refugee status – of which: 27 43 32 304 1,202 4,737 3,121

- granted temporary leave to remain atfirst instance (5) (8) (6) (120) 0 0 0

- were found to be manifestly un-founded 0 0 0 0 (104) (133) (1160)

- were deemed abandoned 0 0 0 0 (2) (1622) (546)

- returned to first state determinationprocess following appeal of manifestlyunfounded decision

0 0 0 0 (12) 0 0

- granted temporary leave to remainfollowing appeal 0 0 0 0 (27) (35) (7)

Total 31 58 68 517 1,370 4,964 3,448

Total number of applications 362 424 1,179 3,883 4,626 6,507 6,100

* It should be noted that these decisions refer to the year in which the decisions were taken and NOT to

the year in which the applications are lodged

8.2.3.� Main countries of origin

Since 1992 the main countries of origin have been Romania (40,1%), Nigeria (34,3%),

Zaire (11,8%), Algeria (7,8%) and Poland (6,0%).


8.2.4.� Costs

Table 8.2: Benefits and costs

BENEFITS COSTS (Euros)1 COSTS (Euros)

Per person

Accommodation 28.5 million in 1998 57 per day in 1998

Means of subsistence Not available

Education Not available

Labour market related activities Not available

Health care Not available

Total cost Not available

8.3.� Organisation of the asylum procedure

This section is concerned with the organisation of the asylum procedure.

The Minister of Justice, Equality and Law Reform is responsible for asylum policies.

The overall organisation of the bodies engaged in the asylum procedure is illustrated

in the organisation chart below.

Figure 8.1: Organisation of the asylum procedure

Policy level

Department of Justice, Equality and Law Reform Formulation of policies for dealing with asylumseekers arriving in Ireland

Implementation level

Directorate for Asylum Support Services Implementing policies e.g.,

- Conditions on arrival

- Accommodation

- Information to asylum seekers

- Liasing with other departments andagencies regarding services provided toasylum seekers.

Refugee Applications Centre Carries out procedures for determining refugeestatus such as initial stages of application, inter-views, decisions, appeals etc.

The Directorate comprises of two distinct parts, Operations and Policy. The function of

the Asylum Policy Division is to formulate policies and put in place procedures for the

1 Source: The European Central Bank


determination of refugee status in accordance with national and international obliga-

tions. The role of Asylum Operations Division is to implement the policies in place.

The Directorate is responsible for:

• Liasing with the Office of Public Works, the Department of Finance and the local

authorities on the establishment of Arrival Needs Assessment Reception Centres

• Liasing with the aforementioned bodies on the establishment of a number of Re-

gional Reception Centres and Departure Centre(s)

• Setting out criteria and implementing a policy for resettlement

• Implementing a policy of direct provision

• Arranging for appropriate Government funding

• Setting up the appropriate management and support structures at regional and

local level

• Liasing with other Departments and Agencies involved in the provision of services

to asylum seekers

• Monitoring and evaluating the ongoing operation of reception and regional reset-

tlement

• Disseminating information

• Drafting and reviewing legislation in relation to resettlement and direct provision.

The Directorate has officials seconded to it from the Department of Health and Chil-

dren, Department of Education and Science, Department of Environment and Local

Government and the Department of Social, Community and Family Affairs, the De-

partment of Defence, the Health Boards, the Local Authorities and the Irish Red

Cross.

The Government decided recently that a statutory agency be established under the

Department of Justice, Equality and Law Reform to be called the Reception and Inte-

gration Agency. The Reception and Integration Agency will amalgamate the Director-

ate for Asylum Support Services and the Refugee Agency.

The Reception and Integration Agency’s primary responsibilities will be the following:

• Planning and co-ordinating the provision of services to both asylum seekers and

refugees.

• Co-ordinating and implementing integration policy for all refugees and persons

who, though not refugees, are granted leave to remain.


• Responding to crisis situations which result in relatively large numbers of refugees

arriving in Ireland within a short period of time,

8.4.� Legal basis

Applications for refugee status are processed in accordance with the Refugee Act,

1996. An order commencing sections 1, 2, 5, 22 and 25 was signed by the Minister on

29 August 1997. The remaining sections of the Act were not implemented, as the

structures provided would have been completely overwhelmed by the volume of appli-

cations being made. The Act, as passed by Parliament was generated for a situation

where applications for asylum were running at approximately 400 a year. Many sec-

tions in the Refugee Act, 1996 were deemed unworkable as the number of applica-

tions increased. In 1998, there were 4, 626 applications for asylum. In 1999 the num-

ber of applications jumped to 7,724.

With effect from December 1997, new procedures to facilitate the processing of appli-

cations for refugee status were put into effect. These procedures reflect the spirit of

the Refugee Act, 1996 and were put in place following extensive consultation with the

UNHCR. The UNHCR has stated that, overall, the revised procedures provide for a

balanced administrative procedure pending the entry into force of the Refugee Act.

A number of amendments to the Refugee Act, 1996 were made to make it workable.

These amendments are contained in the Section 11 of the Immigration Act, 1999. The

Refugee Act, 1996 as amended by the Immigration Act, 1999 was scheduled to come

into force in June 2000, but not all amendments have been implemented yet. An Im-

plementation Team is currently finalizing the necessary arrangements and procedural

changes for the commencement in full of the Refugee Act, 1996 on 20 November

2000.

8.4.1.� Planned changes in the Law

Amendments were made to the Refugee Act, 1996 by the Immigration Act, 1999 en-

acted on 7 July 1999. The amendments provide for:

• The appointment of a Refugee Applications Commissioner. Ms Berenice

O´Neill of The Department of Justice, Equality and Law Reform has filled this

position.

• The establishment of a Refugee Appeals Tribunal, consisting of individual in-

dependent members and a chairperson. The function of the Refugee Appeals


Tribunal will be to consider and decide appeals against recommendations of

the Refugee Application Commissioner. The Refugee Appeals Tribunal will be

independent in the exercise of its functions under the act. The position as

Chairperson has been filled. Together with the recent appointment of the

Refugee Applications Commissioner this means that significant advances

have been made to facilitate the implementation of the Refugee Act, 1996 (as

amended);

• The establishment of a Refugee Advisory Board, consisting of relevant govern-

ment departments and refugee interest groups whose role will be to advise the

Minister for Justice Equality and Law Reform on the operation of legislation

and policy matters;

• The fingerprinting of asylum applicants over 14 years of age.

The intentions behind the amendments are numerous. Firstly, the intention is to har-

monize the Irish procedures the procedures of other EU-countries, in particular United

Kingdom. Secondly, the Irish Government wishes to give the NGOs a more formal

role concerning the asylum policy. This means that the NGOs are given an in-

stitutionalised role with the purpose of advising and monitoring asylum policy. Thirdly,

the Irish Government wishes to speed up the asylum process by tightening the possi-

bility to appeal under the manifestly unfounded procedure.

As long as The Refugee Appeals Tribunal is not in working order, appeals procedures

are still slow, and this in effect hampers the effectiveness of the new asylum system.

Furthermore, as long as the fingerprinting system is not implemented, it is difficult to

establish whether or not an asylum seeker is the responsibility of another Dublin

country. Obviously this slows down the asylum process. PLS Ramboll Management is

unable to make further comments on whether or not the lack of implementation of

some of the points listed produces consequences on the actual performance of the

new asylum system.

Together with the implementation of the Immigration Act the Irish Government is re-

cruiting an additional 370 staff for asylum case processing and appeals and to deal

with consequential repatriations. These measures are been taken to deal with the

backlog of applications and to ensure political and administrative capacity to imple-

ment the Immigration Act.

.


8.5.� Arrangements immediately upon arrival

The reception conditions of asylum seekers in Ireland can be divided into three differ-

ent phases:

• “Period between Dublin-procedure period and first instance decision”

• “Period between first instance decision and final appeal decision”;

• “Period between final appeal decision and day of leaving the country”.

In more detail a typical procedure can process as the following example illustrates:

• Asylum seeker enters country and makes an application for refugee status at a

Refugee Applications Centre

• Receives questionnaire at reception and has photograph taken

• Is placed in reception centre

• Questionnaire is returned within 6 days and asylum seeker receives ASY1 card

• Interview

• Decision grant/refuse

• If granted, person is integrated into Irish society

• If refused, person appeals to independent Appeals Authority

• If application on appeal is unsuccessful, the asylum seeker can make an applica-

tion for judicial review in the High Court, and currently, by way of an appeal to the

overriding discretion of the Minister for Justice, Equality and Law Reform who may

decline to approve a negative recommendation of the independent Appeals Au-

thority.

• If unsuccessful at this stage, asylum seeker can apply for temporary leave to re-

main in the state

• If temporary leave to remain is not granted, person will be deported

The figure below illustrates the process in detail.

No

No Yes

Yes

No

Yes

Yes

Yes

No Yes

No

No

Yes

No

Yes

No

No Yes

Interview by immigration officer orperson appointed by the Minister of Justice

Responsibility of a-nother Dublin Country?

Manifestly unfounded application, or not made in good faith?

Substantive reasons for asylum refusal?

Asylum application made by an applicant in-country or on arrival at the state

Start of asylum procedure in Ireland

Examination Decision Outcome

Accelerated procedure

Refusal of asylum application Appeal within

7 days?

Case handed over to an Appeals Authority (7 years

experience)

Application substantive?

Applicant must leave country within 14 days

Case handed over to Department of Justice for re-examination

Refusal of asylum application

Asylum granted

Appeal within 14 days?

Case handed over to an Appeals Authority (10 years

experience)

Application substantive?

Oral hearing (if requested)

Permanent residence permit issued

UNHCR represen-tative notified of application

Case handed over to officer from the Department of Justice for examination

UNHCR no observations (within 7 days)

UNHCR no observations (within 14 days)

High Court judicial review (if requested)

Appeal to minister of Justice. Sustained?

Application for temporary leave. Granted?

Temporary leave permit issued


8.6.� Accommodation

Below follows a brief description of the system of accommodation.

The reception centres are currently all located in Dublin. The Directorate for Asylum

Support Services is planning to establish an arrival reception centre in another part of

Ireland so that asylum seekers do not have to go to Dublin before being resettled to

another part of the country.

Following the Irish Resettlement Policy, accommodation centres are spread all over

the country.

Table 8.3: Reception and accommodation centres in Ireland

Number of arrival reception centres 9

Capacity of arrival reception centres 391

Number of accommodation centres 44

Capacity of accommodation centres 2,194

Total capacity of reception/accommodation centres 2,585

Number of persons accommodated in private housing Not available

8.6.1.� Names and addresses of reception and accommodation centres

The Directorate for Asylum Support Services, which is an organisation under the De-

partment of Justice, Equality and Law Reform, has the overall responsibility of ensur-

ing that the reception and accommodation centres are operating effectively. With re-

gard to the mobile home sites and larger accommodation centres, the Directorate

contracts out certain functions such as management of the centres, catering, staffing

etc. Individuals manage the majority of the accommodation centres.

There are nine reception centres in Dublin.

Reception and Accommodation centres were purchased by the Office of Public Works

on behalf of the State or have been contracts for services by the Minister for Justice,

Equality and Lax Reform. The Department of Environment and Local Government

meet the operational costs of the reception and accommodation centres and the mo-

bile home sites. The various Health Boards administer the payment of supplementary


welfare allowance including rent supplements for asylum seekers in the private rented

sector.

The reception and accommodation centres with a capacity of over 100 are listed be-

low.

Reception /Accommodationcentre

Name and Address Authority managing Authority financing Capacity

Reception

“Parnell West”39 Parnell SquareDublin 1Ireland

The Directorate forAsylum SupportServices

Department of Envi-ronment and LocalGovernment

110

Reception

”The Viking Lodge”34/36 Francis StreetDublin 8Ireland



110

Accommodation

“Office of PublicWorks Site”LisseywollenAthloneCo. WestmeathIreland



400

Accommodation

“Island View House”Morrisons QuayCorkIreland



110

Accommodation

“North Quay PlaceHostel”Popes QuayCork CityIreland



274

Accommodation

“Mosney Centre”MosneyCo. MeathIreland



500

Accommodation

“Magee Barracks”Kildare TownCo. KildareIreland



200

Accommodation

“Clyde House”St. Alphonsus StreetLimerick CityIreland



100

Accommodation

“Great WesternHouse”Eyre SquareGalway CityIreland



207

The Directorate contracts out certain functions such as management of the centres, catering, staffing etc.and individuals are managing the majority of the accommodation centres.

8.6.2.� Special treatment

The only group offered special treatment is unaccompanied minors. Unaccompanied

minors presenting themselves at the Refugee Applications Centre are referred to the

East Coast Area Health Board and placed in the care of a social worker. The Refugee


Applications Centre accepts no application unless and until the Board has appointed

an officer to make an application for refugee status.

The Board has a range of options at its disposal for accommodating unaccompanied

minors:

• If they present late at night or weekends, they can be accommodated in a B&B on

an emergency basis;

• They can be accommodated in one of four facilities available in the Dublin area for

homeless children;

• They can be fostered to an Irish family;

• they can be "fostered" to a family of their own ethnic group;

• they can be accommodated in facilities (e.g. in the private rented sector) where

there are already a number of unaccompanied minors of their own age group.

In all cases, the Board has to make a judgment, in keeping with the provisions of the

Child Care Act, 1991, as to which kind of accommodation would be most suitable for

the child.

8.6.3.� Standard facilities of reception and accommodation

The asylum seekers are resettled to accommodation centres all over Ireland. When

the government launched the resettlement policy they advertised in the media for

proper accommodation. As a result of this procedure a lot of the accommodation cen-

tres are former Bed & Breakfasts, guesthouses, hotels or hostels.. The centre in-

spected during the visit to Ireland was a former B&B.

The impressions of the standard are:

• The rooms are rather small but tidy

• The limited space leaves only limited room for privacy (especially considering the

serious backlog in the asylum process)

• Families have their own room.

• There are collective areas with reasonable space (living rooms)

• The accommodation centre was missing activities and facilities like playgrounds.

• One unaccompanied minor was staying at a former B&B and had been living there

for some time.


The overall impression was that the standard of the rooms, collective areas, bath-

rooms etc. is fine for a B&B, but that the centre is not designed to host people who are

staying for a longer period of time without being allowed to work or avail of education.

The Directorate has pursued a range of options for short to medium term accommo-

dation including hotels, hostels, guesthouses and mobile homes. An assessment is

undertaken at every proposed facility to ensure that standards in relation to communal

space, general decorative order, bathroom facilities, kitchen capacity etc. are main-

tained. The accommodation centres sourced by the Directorate now number 52

throughout the country.

The Directorate has established voluntary support groups in local communities to help

integrate asylum seekers into the community. The support groups encourage asylum

seekers to participate in local activities and in most cases provide English classes for

them. Activities and facilities may not be in the actual accommodation centre but

would normally be in the locality. Asylum seekers are also encouraged to avail of

these facilities and participate in local activities such as sport, voluntary work etc.

8.7.� Means of subsistence

Before the system of direct provision and dispersal was implemented in April 2000 the

asylum seekers were entitled to supplementary welfare allowance (approximately £ 72

per week plus assistance towards rent if the asylum seeker stayed in emergency ac-

commodation or sourced accommodation in private rented sector.).

In 1999 the Government decided that asylum seekers should be resettled at various

locations throughout the country and have their basic accommodation and welfare

needs provided for directly. The primary reason was the perception that Ireland’s wel-

fare policy was too generous compared to other EU Member States, in particular

United Kingdom.

Persons seeking refugee status in the State receive financial assistance during the

asylum procedure. Asylum seekers are paid a weekly personal allowance, which is

administered by the health boards on behalf of the Department of Social Community

and Family Affairs. Adults receive £15 and children £7.50. Persons seeking asylum in

this country since 10 April 2000 are accommodated in full board accommodation with

reduced allowances under the scheme. They can also receive assistance towards any


exceptional needs payment e.g. clothing, footwear, etc. Child benefit is also pay-able

in respect of each dependent child.

Lone parents may apply for On Parent Family Allowance and may seek to move into

the private rented sector. However, not all requests are granted. Others who have a

child born here may seek residency and move into the private rented sector on the

basis of having an Irish born child. They may withdraw from the asylum process and

claim social welfare assistance.

Table 8.4: Means of subsistence under Direct Provision

Cash Kind

Unaccompanied children £7.50 per week per child Full board accommodation

Families £15 per adult and £7.50 per week per child Full board accommodation

Single adults £15 per week per adult Full board accommodation

Single adults with children £15 per adult and £7.50 per week per child Full board accommodation

8.8.� Access to education

The children of non-nationals are treated equally to national children in primary and

post-primary education.

In primary and post-primary schools, additional temporary teachers are sanctioned by

the Department of Education and Science to provide extra support for non-national

pupils. The level of this support depends on the number of non-national pupils en-

rolled who have significant English language deficits.

Table 8.5: Access to education

Children Adults

Mother tongue tuition No, but some tuition from NGOs No, but some tuition from NGOs

Language tuition In schools No, but some tuition from NGOs

Access to primary school Yes Yes

Access to secondary school Yes Yes

Access to vocational training No No

Access to further education No No

The Government, as an exceptional measure, agreed on 26 July 1999 that those asy-

lum seekers who had been in this country for more than twelve months and who are


still awaiting a final decision on their application for refugee status, and who have

complied with Department of Justice, Equality and Law Reform procedures, should be

given the right to work. The new rules applied to those who sought asylum here up to

26 July 1999, as soon as they crossed the twelve-month threshold. Asylum seekers

who fulfill the above criteria have also access to language and educational training

under the National Training and Employment Agency, FÁS.

8.9.� Access to the labour market

The principle of the Irish policy regarding access to the labour market is that asylum

seekers are not allowed to work until they are granted refugee status.. The Govern-

ment is concerned that permission to work, if granted could act as a pull factor.

As before mentioned the Government on 26 July 1999 agreed that those asylum

seekers who had been in this country for more than twelve months and who were still

awaiting a final decision on their application for refugee status should be given the

right to work. The new rules applied to those who sought asylum here up to 26 July

1999, as soon as they crossed the twelve-month threshold. The reason why the Gov-

ernment dispensed from the principle was the considerable backlog of cases where

asylum seekers could wait two years or more on a decision. The exceptional initiative

is no longer necessary due to the recruitment of an additional staff of almost 400 peo-

ple for asylum case processing.

On 14 December 1999, the Government dispensed with the requirement for work

permits for asylum seekers eligible under the previous decision of 26 July 1999. The

Government decided that eligible asylum seekers should receive a letter for presenta-

tion to potential employers.

Asylum seekers can engage in unpaid work.

As soon as asylum seekers are granted refugee status, they have the same rights and

entitlements as Irish citizens.

8.10.� Access to health care

Asylum seekers are entitled to apply for a medical card. This card entitles asylum

seekers and their families to access medical services free of charge. Newborn chil-


dren are added to the medical card by notifying the Health Board. Asylum seekers can

apply and are assessed for medical cards on the same basis as any person normally

resident in Ireland. Eligibility for a medical card is means tested and asylum seekers

usually qualify on income grounds.

In qualifying for a medical card, asylum seekers become eligible to receive a wide

range of health services free of charge including:

• In-patient and out-patient services at public hospitals

• Prescribed drugs/medicines (with some exceptions)

• Woman’s health services

• Dental, aural and optical treatment services and equipment

• Mental health services including counselling

• Services for people with physical and/or intellectual disabilities

• Services for elderly

In addition to the services provided under the medical card scheme as outlined above,

asylum seekers also have access to the following services free of charge:

• Health screening and immunisation

• Maternity services

• Child health services

Asylum seekers are advised of the health services available to them through the in-

formation pack, which is provided at arrival reception centres.

Table 8.6: Access to health care

Children Pregnant women Adults Victims of tor-ture or rape

Health screening onarrival

Voluntary Voluntary Voluntary Voluntary

Psychological assis-tance

Yes

Enrolment in healthcare programme

Given medicalcard

Given medicalcard

Given medicalcard

Given medicalcard


8.11.� Rules on detention and restrictions in free movement

Overview

Restrictions in free movement: Asylum seekers are required to sign a register at

both the reception centres and the accommodation centres on a daily basis.

Detention – Current law: Maximum detention time is two months. Grounds for de-

tention are a) refusal of leave to land, or b) failure to comply with deportation order.

Detention – Planned changes: No time limit, but court review every ten days. An

asylum seeker can be detained on reasonable suspicion. Specified grounds are

clearly set out in section 9(8) of the Refugee Act, 1996 as amended by the Immigra-

tion Act, 1999

Restrictions in free movement

If the asylum seeker does not return to the reception centre following 3 nights’ ab-

sence, it will be presumed that he/she is not availing of direct provision and this per-

sons room will be given to another asylum seeker. The general rule is that persons

who leave the accommodation provided for them will only receive the reduced allow-

ances of £ 15 a day. Applicants frequently disappear before they are about to be re-

settled, and the authorities are unable to track them. Some may be working in the

black economy.

Detention – Current law

Under the law currently in force in the State, a person may be detained under the Ali-

ens Order, 1946 following refusal of leave to land and pending the making of ar-

rangements for his/her removal. Such a person can be detained for up to 2 months.

Section 7(7) of the Order provides that an alien refused leave to land should be re-

moved from the State, but that provision does not apply once a period of 2 months

has elapsed. Where such a person claims asylum, his/her removal would not take ef-

fect and continued detention is not possible.

Section 5(1) of the Immigration Act, 1999 provides for detention where an immigration

officer, or a member of the Gardai, with reasonable cause, suspects that a person

against whom a deportation order is in force (including a failed asylum seeker) has

failed to comply with any provision of that order. In such circumstances, this person

may be arrested without warrant and detained in a prescribed place. Section 5(6)(a) of

the Act provides that a person detained under Section 5 cannot be detained for a pe-

riod or periods exceeding 8 weeks in aggregate, subject to certain excluded periods

set out in section 5(6)(b). For the purpose of the Aliens Order, 1946 and the Immigra-


tion Act, 1999, the places of detention prescribed are either Garda Stations or Pris-

ons.

Detention - Planned changes

The powers of detention of asylum seekers on specified grounds are clearly set out in

section 9(8) of the Refugee Act, 1996 as amended by the Immigration Act, 1999; this

section of the Act is not yet in force. Under section 9(8) of the Refugee Act, 1996 as

amended by the Immigration Act, 1999, an immigration officer or a member of the

Garda Siochana may detain an applicant for refugee status in a prescribed place of

detention on the following grounds:

Where there is reasonable suspicion that the applicant:

(a) Poses a threat to the national security or public order in the State;

(b) Has committed a serious non-political crime outside the State;

(c) Has not made reasonable efforts to establish his or her true identity;

(d) Intends to avoid expulsion from the State in a situation where his application for

asylum is transferred to another country which is a party to the Dublin Convention;

(e) Using an application for asylum as a means of circumventing the Common Travel

Area arrangements between the State and neighboring countries; or

(f) Without reasonable cause has destroyed his or her identity or travel documents or

is in possession of forged identity documents.

The Act does not specify any time limit on the number of days that asylum seekers

can be detained, but under the provision of Section 9(14) of the Act, the detention is

subject to court review every 10 days.

8.12.� Differences in Treatment According to the Stage of the AsylumProcedure and the Type of Status Sought

Generally there are not any differences in the treatment depending on the stage of the

asylum procedure. However, some asylum seekers have spent considerable time in

Ireland awaiting final decision on their application. Therefore asylum seekers who

have spent a year awaiting final decision are granted special treatment. There are no

differences in treatment depending on the type of status sought. Some special treat-

ment is offered for vulnerable groups. The table below summarizes these differences.


Table 9.7: Differences in Treatment

Differences in treatment according to:

Stage of asylum pro-cedure

Type of status sought Vulnerable groups

Accommodation None None Unaccompanied chil-dren are placed in thecare of a social worker

Means of subsistence None None Exceptional needs as-sistance provided

Education Adults who have beenin this country for morethan 12 months andwho are still awaitingfinal decision have ac-cess to language andeducational training.

None Primary and secondaryeducation compulsoryfor children

Labour market relatedactivities

Adults who have beenin this country for morethan 12 months, andwho are still awaitingfinal decision are al-lowed to work.

None None.

Health care None None Free coverage of ur-gent needs. Specialtreatment for pregnantwomen, children, thementally ill and victimsof torture.

8.13.� Political atmosphere around refugees and immigrants

In many ways Ireland’s socio-economic situation has changed during the last ten

years or so. For instance, Ireland has undergone rapid economic growth and devel-

opment. As a result there is a shortage of labour, which is a dramatic change from the

situation of mass-unemployment in the 1980´s. Ireland has also changed from being

exclusively a nation of emigration to a nation of immigration.

This period of transition is influencing the political atmosphere around refugees and

asylum seekers. Previously there were only small numbers of refugees and immi-

grants arriving in Ireland and therefore no tradition of immigration and no experience

and no administrative capacity to deal with the increasing number of asylum seekers.

The transition process in combination with the lack of tradition has resulted in a gen-

erally negative perception of matters concerning asylum seekers and refugees:


• One of the issues in political and public debate has been that many people asso-

ciate the increasing numbers of asylum seekers to the positive trends in the Irish

economy. In other words, the inference is that a large number of asylum seekers

are not genuine. This attitude is reflected in the words of a prominent politician

who stated that four out of five asylum seekers are not genuine. As a conse-

quence the political and public debates are also concerned with the (increasing)

numbers of asylum seekers that may com to Ireland in the future.

• In relation to the shortage of labour, politicians have discussed whether asylum

seekers should be allowed to work or not. The general attitude is that granting

permission to work to asylum seekers may attract a vastly increased number of

asylum applications.

• One specific - and related - event resulted in a lot of media interest and public de-

bate about the refugee and asylum issue. This event is named “the Accommoda-

tion Crisis”. The number of asylum seekers was so high that the system could not

cope with it. Therefore the government enacted the system of resettlement and di-

rect provision. The political system fears the “pull factor” – that asylum seekers will

seek to come to Ireland if the conditions are too generous.

• The public debate is mostly concerned with issues of negativity. For instance a

family from Congo did not accept their accommodation in Donegal and returned to

Dublin and slept outside. They expressed dissatisfaction at being placed a con-

siderable distance from Dublin. This story went on in the press for a week with the

angle: “How can they reject our hospitality?”

• The implementation of the policy of dispersal has resulted in public debate in the

communities where the asylum seekers are situated. The communities are afraid

that their neighbourhood will not be able to integrate the asylum seekers and that

the price of their properties will fall.

• There is also a self-critical perspective in the public debate concerning whether

the Irish people are racist or not. As mentioned Ireland is not used to immigrants

and the general attitude towards asylum seekers is sceptical. On the other hand

the Irish people are aware that in a historical perspective their friends and relatives

have been accepted and welcomed in other countries. Together with the scepti-

cism there is a conflicting view that the Irish people should be willing to welcome

foreigners that need assistance.

Ireland participates in the Inter-Governmental Consultations on asylum, refugee and

migration policies with the purpose of sharing information and developing innovative

strategies towards rapidly changing asylum- or refugee situations.


8.13.1.�International co-operation

Ireland participates in a number of bilateral engagements. For instance the Govern-

ment recently concluded a readmission agreement with Romania, the first in a series

of such agreements, which are in the process of negotiation at present. Arrangements

are being made to conclude additional agreements with Poland, Nigeria and Bulgaria.

This is to be seen in the context of the discussions about whether the asylum seekers

are genuine or not.

8.14.� Other information

None.

8. Country Profile: Ireland - European Commission · 2016. 12. 6. · 8 Country Profile: Ireland...

Documents

Transcript of 8. Country Profile: Ireland - European Commission · 2016. 12. 6. · 8 Country Profile: Ireland...