New streamlined asylum application process due early next year

The Minister for Justice, Frances Fitzgerald has confirmed that a new streamlined asylum application process should be introduced early next year, with the Protection Bill soon to be presented to Cabinet to implement reforms to the application process.

Last week, the Department of Justice and Equality hosted a roundtable with civil society to discuss the establishment of a working group to report to government on improvements with the protection process for asylum seekers, including direct provision and supports for asylum seekers. NGOs active in the area attended the consultation, which outlined the key issues in relation to the State’s arrangements for asylum seekers. The consultation was seen as the first step in establishing the working group, with one of the goals of the consultation being to inform the detailed terms of reference of the working group. It is due to be established this month and will be made up of NGOs and department representatives.

Some of the themes identified for discussion by the working group included the material needs of applicants such as State payments, limiting the amount of time spent in Direct Provision, the educational needs of residents, and delays in the international protection determination process.

In relation to the Protection Bill, Minister Fitzgerald has said that the heads of the Bill are to be sent to the Cabinet for review in the next two to three weeks. With the new streamlined process it is hoped that some applications will be processed in as little as a few weeks, and the rest within six months. The new procedure will only be available to new applicants when it is implemented. The aim is to have the Bill passed through the Oireachtas by Easter 2015.

The Minister and the Minister for State, Aodhán Ó Riordáin, have both visited reception centres in recent weeks and the Minister for State has publicly spoken out against the Direct Provision system, calling it inhumane. He has also stated that some asylum seekers should have the right to work, although Minister Fitzgerald has ruled this out. Ireland is one of only two EU countries to have a total bar on the right to work of asylum seekers, alongside Lithuania.

The legality and constitutionality of Direct Provision is currently being challenged in the High Court ‘CA and TY’ Judicial Review proceedings. The hearing drew to a close on 28 July this year and a decision is currently awaited. Mr Ó Riordáin said that a debate on conditions for asylum seekers, including Direct Provision “is long overdue and is now taking place because of the long and persistent questioning of the system by NGOs, international bodies and by many other members of the Oireachtas”.

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