Reviewing the International Protection Bill 2015: Part 2
2016-02-15 16:50:15 -
News
1
4380

Waheed Mudah

 

The International Protection Bill empowers gardaí to arrest and detain without warrant an applicant for protection on reasonable suspicion that they pose threat to public security or order; have committed a serious non-political crime before coming into the State; have destroyed their ID documents, are in possession of forged document or have generally failed to disclose their true identity and/or intent to proceed to another State. 

Such a person shall be brought before a district judge, who may commit them to a period of detention not exceeding 21 days. The matter may be reassessed during this time if not released, and if grounds exists for further detention, the judge may detain that person for a further not exceeding 21 days. Reasons for release include the indication of desire to leave the State at any time during detention, upon which their application will be deemed to be withdrawn. This practise is no radical departure from the current procedure. 

As currently applies, persons will be removed to the first country of application where it is established that they have made such an application in any other EU member state. Equally, international protection will be inadmissible for applicants who have already been granted refugee status or subsidiary protection in an EU member state or other first country of call where the applicant can still enjoy refugee status or sufficient protection in that country and will be readmitted. A subsequent application can be submitted by an international protection applicant with the minister’s consent whereby they must provide sufficient or new facts to justify a second chance.

The bill also provides for the Minister for Justice and the International Protection Tribunal to request a medical examination if required in the assessment of the physical or psychological health of an applicant. Medical examinations may also be used in determining the approximate age of the applicant on reasonable suspicion of their true age when presenting as an unaccompanied minor. Equally, the identity and story of any applicant shall be protected by the Minister and the International Protection Tribunal to the best of their ability.

Part 4 of the International Protection Bill deals with the assessment of applications for international protection, and it enjoins full co-operation by applicants with the minister and the tribunal. The assessment of facts and circumstances of individual applications shall be compared with the relevant facts or prevailing circumstances of the applicant’s country of origin, their individual position and personal circumstances. 

The importance of general credibility of applicant as regards their personal circumstances cannot be over-emphasised. The bill recognises that requirements for international protection could arise owing to events unfolding in the applicant’s country since they left, and also that persecution and serious harm could be perpetrated by both state and non-state agents, or simply by absence of protection by state authorities. 

As currently applies, however, the bill does not recognise the need for international protection where some parts of the applicant’s state are safe for them to resettle. The bill allows the minister, on meeting certain conditions, to designate some countries as ‘safe countries’. The minister is also permitted to prioritise certain applications where she considers it necessary and expedient to do so, provided it is fair in all the circumstances of such applications.

Part 5 deals with the examination of applications for international protection at first instance by an authorised officer – currently the Office of the Refugee Applications Commissioner (Orac). If the applicant meets one of the conditions for grant of refugee protection, the authorised officer grants refugee protection, and if not begins to assess the same application through the lens of the provisions of EU Directive on Subsidiary Protection with a view to determine whether or not a subsidiary protection declaration is justifiable in the case. 

Applicants are taken through a personal interview with the authorised officer with an interpreter provided if required and/or, where applicant is a minor, accompanied by parent or person in loco parentis or the Child and Family Agency as the case may be. Applications may be withdrawn by applicant in writing at any stage, or deemed to have been withdrawn where, for instance, an applicant has failed to co-operate with the process by not attending for interview without three days’ notice to the minster. The minister is obliged to send letter in language understood by the applicant at their last known address, as well as to the applicant’s legal representative if known, to solicit advice to the minister of reason or reasons why the application should not be terminated within 10 days of the letter.

 

Continued next issue

 

Waheed Mudah is a solicitor with Kevin Tunney Solicitors

TAGS :
Other News News
Most Read
Most Commented
Twitter
Facebook