As we bear witness to the rise of immigration across Ireland, there is simultaneously a parallel rise of issues around international protection applicants rights and the barriers they face in seeking asylum.
Human rights barrister and International Protection Appeals Tribunal part-time member Lorraine Lally discussed the types of immigrants entering into Ireland.
“The group that people often talk about are the asylum seekers and refugees, and the big problem that we do have is that the asylum seekers and refugees very often are never really properly understood because you often hear the words interchangeably.”
A refugee is defined as somebody who’s been persecuted in their home country on one of the grounds for persecution, which include areas like race, gender, nationality, and religion.
Meanwhile, an asylum seeker has to show persecution by the state. Under international law, if they can be internally relocated, they’re not eligible for refugee status or protection by asylum.
Lally feels that the system in Ireland is much fairer than some of the other EU countries. She cites the free legal aid provided and the right to an interpreter as some of the beneficial tools available to international protection applicants. However, Lally says that it is not without issues.
“The problem in Ireland is we don’t regulate interpreters. So sometimes you might have an interpreter and they’re from the same country, but they have different ethnic or cultural beliefs, and I’ve often had ones where they’ve said to me, I don’t want that person to be allowed to stay here.
“It’s because you’re relying on people to be translators and they’re not fully trained. There’s no recognition. There’s no testing, there’s nothing.”
Another critical issue Lally is concerned about is the high level of human trafficking occurring.
The annual 2023 Trafficking in Persons (TIP) Report, published by the US Department of State, ranked Ireland at Tier 2 for the second year running. This report ranks governments worldwide on their efforts to acknowledge and combat human trafficking.
Ireland has been on a Tier 2 or lower status since 2018, as it has been failing to meet the minimum standards for the elimination of trafficking.
Ireland is currently the only EU Member State that is ranked in Tier 2.
“We do hear stories of people who’ve gone missing, people who haven’t arrived together that expected to arrive together, and there are people who get lost on the way and they’re never seen or heard from again. Human trafficking is a real difficulty in Ireland, and it doesn’t get much discussion,” said Lally.
Brian Killoran, Chief Executive of the Immigrant Council of Ireland, emphasised the findings of the report and called for action from the government.
“The report went on to criticise the lack of progress in the reform of Ireland’s victim identification process, its lack of a revised National Action Plan, its lack of convictions against traffickers in 2022, and the continued widespread failure to provide adequate accommodation for survivors outside of the direct provision system.
“We cannot continue to neglect these vulnerable people by failing to implement the policies and systems that could protect them. It’s the duty of the government to take timely action on the report recommendations, so that survivors of human trafficking have the supports and services they need to rebuild their lives.”
There are also many individuals and organisations condemning the government’s inability to provide accommodation for many international protection applicants entering Ireland.
Figures released by the government on February 23 show that 1,010 people seeking international protection in Ireland are without accommodation.
A judgment from the High Court in December 2023 found that Ireland was in breach of its obligations under Irish and European law by not providing material reception conditions, like shelter and food, to protection applicants.
The Irish Refugee Council criticised the lack of accommodation, and called for “urgent, all of government cooperation and coordination to address the unfolding crisis and draws attention to existing capacity that could be used.”
The Council also stated that, “In a period of significant hostility towards immigrants and those in the protection process, the State must fulfil its legal obligations and act to resolve this emerging humanitarian crisis.”
Nick Henderson, CEO of the Irish Refugee Council said, “This situation cannot be normalised. 1,010 people without accommodation is of deepest concern to us. Government response is completely inadequate.
“It is hard not to conclude that this policy is an attempt to deter people from seeking international protection and that this situation is by choice and not inevitable. The passing of this milestone should give concern to all and spark action from all relevant government departments.”
With the dramatic increase of disinformation across social media, international protection applicants are increasingly being targeted and subject to threats or violence.
Lally urges people to put themselves in the asylum seeker’s shoes, “They’re paying for a better life. They’re paying for a dream. They’re paying for a future for them, for their family. It’s not that they’re doing anything wrong or incorrect, it’s that it’s human nature.
“They should be looking at a wider and more inclusive approach because it’s not black or white. These are human beings, they come with a lot of baggage. And we don’t understand as Irish people, but we’re going to have to learn. And we’re going to have to open up our space, our society to it and the migrants that come are not all from the same place. They don’t all have the same story. They don’t all have the same background. And some of them, unfortunately, have been badly, badly mistreated and abused.”
