Asylum process reforms risk setting applicants up for failure, Oireachtas committee to hear

Reforms designed to speed up the asylum process risk setting applicants up for failure, an Oireachtas committee will be told on Tuesday.

Representatives of the Cultúr Migrant Centre will warn the Oireachtas committee on integration that changes introduced to the application process for International Protection (IP) mean people seeking refuge “have no opportunity to get legal advice” before submitting answers to a questionnaire which is then used as reference throughout their application.

“We are concerned that applications being rushed or taken under such pressure will set up applicants for failure, and lead to lengthy appeals process for applicants”, the NGO will warn, saying that this will “recreate” problems the Government has put significant investments into solving previously.

Nasc, the charity that works with migrants, will also say that people arriving from countries that have been deemed safe but who are seeking asylum “may find it difficult, if not impossible, to access legal support prior to their substantive interview in relation to their claim”.

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Edel McGinley, director of the Migrant Rights Centre Ireland (MRCI), will tell the committee that “targeted and concrete integration” measures are needed. She will say that the “migrant pay gap” last year meant they earned 22 per cent less per hour than Irish nationals.

“Integration must be about protecting people from exploitation in their work and ensuring workers have the ability to stand up for their rights.” However, Ireland continues to operate an “unfair two-tiered employment permit system” that doesn’t provide the same rights to everyone coming to the country to work.

Workers coming here on general employment permits cannot freely change employer for five years, she will tell the committee, leading to “poor standards and exploitation”. They also find it “very hard” to bring family members to the country.

Far right

Meanwhile, workers on critical skills employment permits can work in any job after two years, bring their family immediately, and their family members can work here on arrival, unlike the family members of those on general permits.

The NGO is seeking reforms that allow migrant workers to easily change employers and to introduce family reunion rights and working rights for family members.

A new approach to “equip local communities” with the tools integrate new arrivals is needed as a defence against “attempts to polarise and cause division by far right actors”.

“This includes Government and political communications which avoids repeating and feeding far right narratives” instead favouring “progressive narratives”. They are asking for the committee write to the Taoiseach asking him to appoint a “national lead” to “drive an emergency response to people seeking refuge in Ireland”, as well as develop a new approach to the rapid accommodation of refugees and working with communities, and to rebuild the community sector in parallel with these efforts.

Nasc will also say that the current situation, where migrants are sleeping on the street is “unprecedented” and “Both a breach of the law and our moral obligation to people who may have experienced torture and trauma before making their way to Ireland for safety”.

It will urge Government to be “careful” with the language it uses in relation to the migration crisis as far right elements “are becoming more prominent” and seeking to exploit “genuine concerns in communities” regarding service provision.

“It is important that we push back against those who deliberately seek to misrepresent refugees and sew fear and division.”

Nasc will tell the committee that child benefit should be extended to children living in direct provision, while Hiqa should be mandated to inspect emergency accommodation for IP applicants as well as Direct Provision centres.

Brian Collins, the NGO’s advocacy service manager, will also outline concerns about the varying standards of accommodation available to people fleeing Ukraine. “There appears to be a lack of oversight and accountability when problems emerge and there is a real need for standards and a clear complaints mechanism in this area”.