THE UNHCR is seeking substantial amendment of the Immigration, Residence and Protection Bill currently before the Oireachtas.
In a 40-page commentary on the Bill, the UN body responsible for refugees makes 76 recommendations, ranging from access to the State for asylum seekers, to the use of detention and the assessment of asylum claims, which it is concerned fall short of international standards. The Bill will be discussed in its Committee stage after Easter.
In its commentary the UNHCR welcomes many aspects of the Bill, noting in particular that it introduces a single procedure for all applicants for protection, both those seeking asylum and those eligible for other kinds of protection from persecution, known as subsidiary protection.
It also welcomes the fact that the Bill is transposing into Irish law the latest EU Directive on minimum standards for those seeking asylum and other protections.
However, it is concerned that a number of sections of the Bill are not fully consistent with the UN Convention on Refugees, as interpreted by case law, in that they could lead to people being denied an opportunity to land in the State and apply for asylum. It is also concerned that other provisions violate the "non-refoulement principle", according to which people should not be sent to a country where their lives or liberty would be in danger, without an opportunity to claim protection.
Referring to the question of access to fair procedures, the UNHCR stresses that the Protection Review Tribunal, set to replace the existing Refugee Appeals Tribunal, should be independent, impartial and transparent in its procedures.
It recommends that its impartiality should be explicitly mentioned in the Bill.
Its independence and impartiality could be compromised by the fact that under the Bill the Minister will appoint part-time members of the tribunal, it states. It is also concerned that the Minister can ask it to prioritise certain applications.
Both these matters should be addressed, it said. Referring to fairness and transparency, it says that guidelines on the operation of the tribunal should be made public, or that at least they should be provided to the UNHCR.
Referring to access to previous decisions, it states: "The procedures to access previous tribunal decisions lacks clarity and transparency and [ the UNHCR] considers that decisions should be made available with the least restrictions possible ensuring client confidentiality."
The question of access to previous decisions was the subject of a protracted legal battle between eight asylum seekers and the Refugee Appeals Tribunal, and went to the Supreme Court when the High Court found in the asylum seekers' favour. The Supreme Court ruled against the tribunal in July 2006.
The UNHCR is also concerned about the suggested use of detention of asylum applicants. Such a measure should only occur in line with the Convention and with international human rights law, meaning it should be seen as exceptional.
Speaking in the Dáil on the adjournment debate on Tuesday night, the Minister for Justice, Brian Lenihan, said: "Deputy [ Pat] Rabbitte might recall the comments made by a former UNHCR representative to Ireland who was quoted as saying that Ireland is now a model for the new member states of the European Union and that we have a system which in many respects is one of the best in Europe."
The document is critical of the lack of provisions for family reunification in the Bill. Given the backlog of family reunification applications at present in the system, family members in the State should be granted residency rights, the UNHCR believes. There should be a specific application system, other than a visa application, for family members outside the State, according to the body.
The office makes 10 recommendations concerning separated children, starting with the inclusion in the Bill of a standard provision that the best interests of the child be the determining factor in all decisions made.