Nadette Foley commenting for Araya on Immigration, Residence and Protection Bill 2008 :
ArayaHuman Rights Organization
منظمة الراية لحقوق الانسان
Immigration, Residence and Protection Bill 2008
The Bill may contain elements which could erode the fundamental human rights of people in need of the protection of the State, specifically those protected under the UN Refugee Convention.
Suggested amendments to the 2008 Immigration Bill
IDENTITY CARDS
The IRP Bill continues the current requirement for foreign nationals who are legally resident in the State to always carry new biometric permit cards with them. This potentially discriminatory measure against foreign nationals could seriously interfere with current Government and community integration strategies for over ten per cent of the population and needs to be reconsidered.
DEPORTATION
The IRP Bill’s provisions for deportation and removal need to be amended to meet international standards of non-refoulement and protection against ‘torture and inhuman or degrading treament’ in the country of origin. While Immigration law is the responsibility of the State it needs to operate within the UN Refugee Convention and other international human rights standards. The Irish Government is calling for justice and fairness to apply to irregular Irish immigrants in the USA, so the same standards can be applied to migrants here who through no fault of their own, find themselves outside immigration regulations. The UN Refugee Convention guarantees the right to land in the State and apply for asylum to anyone fleeing persecution in their home country. Without adequate safeguards in this Bill, there is a risk that people will be sent back to a country where their lives or liberty would be in danger, without an opportunity to claim protection.
RIGHT TO MARRY
The IRP Bill’s proposals to cut down the opportunity for marriages of convenience for immigration purposes will also bring hardship to both foreign and Irish people wishing to marry partners of their own choice. The right to marry is a very basic right which this Bill should not restrict.
DETENTION POWERS
The IRP Bill gives wide-ranging powers of arrest and detention to a member of the Garda Siochána which includes penalties for’ an immigrant failing to make reasonable efforts to establish his or her true identity’. Detention of those seeking asylum is recommended by the UNHCR only in extreme circumstances. Migrants who have been recognised as refugees, given subsidiary protection or are in Ireland as workers or students now make up over ten per cent of the population. It is vital that integration strategies and a migrant’s sense of belonging to Irish society is not undermined by harsh powers of arrest and detention due to identity document issues. The Araya Human Rights Organization expresses concern about the power given to gardai to detain asylum seekers summarily in prisons and police stations.
FAMILY REUNION PROCESS
The Family reunion process for refugees has been slowed down by obliging relatives already living in Ireland to apply for 'family reunion' to stay living with someone who has been recognised as a refugee here. This Bill could be amended to facilitate relatives who are living in Ireland (spouses and children and other dependent relatives) to receive the equivalent residence status and visa stamps as the person with refugee status. This change of procedure would reduce considerably the number of backlogged applications being dealt with by the Family Reunion Section of the Department of Justice.
The new Bill will seriously limit the freedom for Irish citizens to marry non-EU nationals and bring their spouses into the country.
Those who come to live, work and pay taxes in Ireland want to exercise their rights to have a normal family life. This Bill needs to make provision for migrants and Irish citizens to apply for family reunion for their non EU spouses, children and other dependents to come and live with them in this country.
FAIR PROCEDURES AND RIGHT OF APPEAL
This Bill needs to be amended to include a right of appeal in all circumstances. An appeal mechanism should involve an independent appeals body for all immigration, residence, family reunion and asylum protection related applications.
This Bill provides for the deportation of an individual who has been 'charged with any crime or offence'. If people are criminalised for entering the country without documents, this can lead to the return of those who are in serious need of protection for whom the Refugee Convention should provide safeguards.
On behalf of the Araya Human Rights Organization
Nadette Foley
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