Ireland’s family reunification legislation ‘not fit for purpose’, says commission

Ireland’s family reunification legislation is “not fit for purpose”, the Irish Human Rights and Equality Commission (IHREC) has said, calling on the State to “urgently address the two-tier system” between international protection applicants and Ukrainians seeking to bring family members to Ireland.

Refugees who were “already in the most vulnerable and isolating of circumstances” were being “effectively forced” to remain separated from their loved ones, under the International Protection Act 2015, which was “not in keeping with international best practice”, the commission said.

Speaking ahead of World Refugee Day, on Tuesday, June 20th, chief commissioner Sinéad Gibney said barriers to family reunification “keep families apart and in some cases can put them at risk”.

The 2015 International Protection Act, which replaced the 1996 Irish Refugee Act in December 2016, narrowed the definition of family and resulted in only certain family members being permitted to be reunited.

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Adults may apply for a spouse or civil partner or children, as long as they are aged under 18 and unmarried, to join them in Ireland, while children aged under 18 and unmarried may bring their parents here. Elderly parents and siblings aged over 18 are not included in the definition.

Refugees who have become naturalised Irish citizens cannot apply to be reunited with family under the scheme while those who do apply must do so within 12 months of receiving refugee status or subsidiary protection.

“For refugees and other beneficiaries of international protection living in Ireland, that can have a negative impact on psychological and emotional wellbeing, as people worry about those they left behind and miss loved ones,” Ms Gibney said.

“Family reunification is core to social inclusion, as it enables those who have fled persecution to integrate into a new life here, knowing that their loved ones are safe. When we delay or obstruct family reunification, we risk the mental and physical health of some of the most vulnerable people in our community, while making it more difficult for them to achieve a positive and fulfilling life,” she said.

The commission has consistently criticised the narrowing of access to family reunification for people granted international protection under changes to the Act, which it said were “highly regressive in nature”.

Ukrainians in Ireland under the Temporary Protection Directive in particular “enjoy more generous provisions for family reunification than beneficiaries of international protection”.

“The commission believes that the family reunification rights given to people from Ukraine should be given to everyone granted international protection in Ireland,” it said in a statement.

The commission published a number of recommendations on the review and reform of the family reunification provisions in the International Protection Act 2015.

Among its recommendations were that the State undertakes “an independent and comprehensive review of the current statutory and policy framework on family reunification” to ensure that the law and policies comply with national and international human rights and equality standards.

The commission also recommended that the State “applies the learning from Ireland’s provision of temporary protection to Ukrainians to improve and streamline the practice and processes for refugees seeking international protection and family reunification in Ireland”.