On 9 August the Domestic Violence Coalition made a submission on immigration law to an Oireachtas Joint Committee on Justice, Defence and Equality. The Domestic Violence Coalition is composed of a number of advocacy organizations including Women's Aid, the Domestic Violence Advocacy Service and the Immigrant Council of Ireland.
The Coalition claims that immigrants sometimes find themselves trapped in violent relationships because Irish immigration law does not provide any protection for domestic violence victims whose residency rights depend on their spouse. They argued that victims often do not seek help because they fear that they may lose the right to remain in the country.
The Coalition's submission called for the following reforms:
· Formal recognition of domestic violence in immigration law
· Reform of current administrative practices
· The provision of safe emergency accommodation as well as welfare benefits
· That the Irish government urgently sign and ratify the Council Of Europe Convention on Combating and Preventing Violence against Women and Domestic Violence
In August 2012 the Irish Naturalisation and Immigration Service published information about the possibility of domestic violence victims applying for an independent residency permit. While the Coalition has welcomed this clarification, they argue that this should be put on a legislative footing. At present, the granting of an independent residency permit is at the discretion of the immigration authorities. It is unclear what type of residency rights an individual would be entitled to if they were granted an independent residency permit. In addition, registration is subject to a €300 fee. The Domestic Violence Coalition highlights that this fee poses a significant barrier, since many of those applying for an independent residency permit are financially dependent on their abuser.
Click here to view a recent PILA Bulletin guest article by Katie Dawson BL calling for domestic violence law reform.
Click here to view a press release from the Immigrant Council of Ireland.
Click here to read the briefing note submitted by the Domestic Violence Coalition.
On a related note, recent UK immigration law changes may also have a negative impact on domestic violence victims. The minimum probationary period for non-EEA spouses and partners has increased from two years to five. This could mean that domestic violence victims would stay in abusive relationships longer in order to remain in the UK. Click here to read an article in The Guardian.