Plans to overhaul the international protection (IP) application process could “significantly” increase the risk of incorrect decisions being made, migration campaigners have warned.
The Government is considering a range of proposals aimed at reducing the length of time the State’s asylum-seeking process takes. The most contentious proposal is that asylum seekers will no longer have an automatic right to an oral hearing if they appeal a decision.
Nasc, a non-governmental organisation (NGO) based in Cork which supports refugees and migrants, and the Movement of Asylum Seekers in Ireland (Masi) have both said they are “deeply concerned” by the proposed changes.
“Oral hearings are a vital safeguard in ensuring fair and accurate decision-making. These are life-altering decisions, often determining whether someone is granted safety or faces return to a country where they may be at risk,” said Nasc chief executive Fiona Hurley. “Removing the opportunity to be heard in person significantly increases the risk of incorrect decisions being made.”
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One asylum seeker living in Cork with her husband and two children, who did not want to be named, told The Irish Times that she was very concerned that her family would not be granted an oral hearing to make their case.
The woman said she and her family fled their country after her husband was attacked by criminals who also threatened her and their children. Their initial application to remain in Ireland was denied, but the family is appealing this decision. They are currently waiting to find out if they will be granted an oral hearing.
“It would give us a chance to express ourselves. We could talk about our fears and our story,” she said, adding that they would struggle to do this in a written submission.
The family is from a country deemed “safe” by Irish authorities. However, the woman said the country in question is very dangerous and she fears for their safety. “We lived there; we know what’s happening.”
People from countries deemed “safe” may still be granted asylum in Ireland, but they are often subject to an accelerated application process.
Lucky Khambule, co-ordinator with Masi, said removing the right to an oral hearing would adversely affect the most vulnerable people. “When a person comes into the country they need legal guidance to submit a claim. People need time to get information and build a case. People who have [no English] will be left in the dark.”
The new draft legislation was brought to Cabinet last month by Minister for Justice Jim O’Callaghan.
The Bill will also give effect in Irish law to the EU Migration and Asylum Pact, which will start in 2026. The pact will introduce a wide number of restrictive measures to limit the number of immigrants gaining access to the European Union.
