REFUGEE GROUPS have strongly criticised a set of new rules agreed by the Department of Justice for asylum seekers to follow at a network of direct provision accommodation centres across the State.
The house rules and procedures published yesterday by the Reception and Integration Agency set rules on child welfare, fire safety and acceptable behaviour for residents of the centres to follow. They also identify services that each of the 53 centres should provide to the 6,358 asylum seekers currently in residence in them.
However, the Irish Refugee Council and the Free Legal Advice Centre both criticised the decision not to create an independent appeals mechanism for residents living at the centres.
“A person may still be expelled and left destitute without any recourse to an independent appeals mechanism, which is not in line with the right to fair procedure enshrined in the Irish Constitution and the European Convention on Human Rights,” said Flac director general Noleen Blackwell, who is highly critical of the direct provision system.
In 2008 and 2009, there were 11 and seven such expulsions of residents, respectively, from the direct provision centres.
Ms Blackwell said she was disappointed many of the problems identified in a recent Flac report on direct provision had not been addressed in the new rules and procedure agreed by the agency.
“We are concerned that it does not contain substantive changes to the complaints process,” she added. “A resident with a genuine complaint has to complain to the same government department which not only accommodates them but will also make a final determination on their claim for protection.”
The Reception and Integration Agency does not compile statistics on complaints received by residents at the accommodation centres, which are often run by the private sector, nor does it compile statistics on appeals or actions taken following on from complaints of appeals. It says statistics do not reflect the number, nature or resolutions reached because “of the high level of informal activity conducted locally” between centre staff and residents.
However, NGOs complain this leaves asylum seekers particularly vulnerable to the actions of managers at the refugee centres. Many residents are too afraid to complain in case they are removed and resettled in other centres.
Asylum seekers expelled from the centres have no access to social welfare and can become destitute. However, the new rules do not set up an independent appeals process for residents, NGOs say.
The Irish Refugee Council said it believed an “independent appeals procedure is the only fair and transparent way to deal with complaints in the accommodation system.
“We also believe that respectful communication at all times between staff and asylum seekers must be a part of the asylum system. Too often we hear of misunderstandings and of a lack of clear information being given to asylum seekers who it must be remembered are here seeking protection for themselves and their children,” it said in a statement.”.
Under the new rules, residents should first make an informal complaint to staff at the centre. This can be followed up by a letter to the centre manager and finally a letter to the Reception and Integration Agency. No outside appeals mechanism is available.