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Asylum
The Future of Asylum Law in Ireland By Grace Given, SS Law and German & Eoin Jackson, SS Law The Direct Provision system of reception for asylum seekers has been one of the most controversial aspects of Ireland’s asylum law and policy framework. The system was alleged, by NGOs such as Amnesty International, to be in breach of numerous human rights obligations, both at an EU and international level. In 2021, the Government committed to ending the use of Direct Provision centres by 2024. This article will analyse the Government’s plan to transition from Direct Provision to a new reception and integration system, and will make recommendations as to what policies should be put in place to avoid future human rights violations. Ending Direct Provision Under the Government’s White Paper on ending Direct Provision, a two-stage integration process will be adopted to end the use of Direct Provision centres. In the first stage, an asylum seeker will be accommodated for a maximum period of 4 months in a state-owned ‘Reception and Integration Centre.’ During this period, a resident will be entitled to receive an allowance, open a bank account, and apply for a driving licence. In the second stage, applicants will be offered a range of accommodation options depending on their family status. Applicants will also be entitled to seek employment during this stage.
While these movements may seem positive, it leaves a number of gaps in the system, particularly once the transition to this new model is completed. For example, the Government is currently in breach of the EU Directive 2013/33/EU (the “Reception Conditions Directive”) for failing to carry out vulnerability assessments on asylum seekers within 30 days of a person communicating their intention to seek asylum. Such assessments are necessary to identify whether an asylum seeker has particular vulnerabilities that may require additional support. While the White Paper commits to these assessments being carried out, the Irish Human Rights and Equality Commission (IHREC) has identified that these continue to be performed at far too slow a rate to comply with the Directive. According to the IHREC, only 151 out of 886 applications were completed in 2021 and many were not completed within the required time frame. The White Paper does not address how the Government intends to expedite this process in order to comply with its human rights obligations. A commitment to funding additional resources to ensure vulnerability assessments can be carried out in an appropriate manner once the transition from Direct Provision has been completed is also notably absent. While the Government has committed to a system post-2024 that is “grounded in the principles of human rights, respect for diversity and respect for privacy and family,” it is unclear what this will mean in practice. It is submitted that the system outlined above is merely a stop-gap measure that does not address procedural delay. Any proposed model would need a greater degree of specificity if it is to align with the Government’s objectives. The lofty goals outlined in the Government’s plans must be considered in light of the existing failures to divert resources that would clear the backlog of asylum applications. It is therefore pertinent to examine what a transformed reception and integration system could look like in Ireland. Accommodation Distribution According to the White Paper, new types of accommodation for asylum seekers will be located in all counties. The location and number of applicants to be accommodated in each county will be determined according to a ‘national settlement pattern’ that will be developed by the County and City Management Association in cooperation with the Department of Children, Equality, Disability, Integration and Youth. This settlement pattern
