With restrictions including a ban on the right to work, the Irish asylum system ensures that those who seek refuge here remain marginalised, writes Peter O'Mahony.
The hunger strike in St Patrick's Cathedral last week by a number of Afghan nationals who had applied for asylum in Ireland ended peacefully. All who contributed to this peaceful end deserve our gratitude.
One effect of the saga was to confirm the widely polarised views held on the issue of how well or badly the asylum system caters for those who seek refuge here. Claims by some that the Irish system is one of the best are hotly disputed by others.
Having worked in the asylum area for the last six years, I am happy to acknowledge the immense strides made since 1999 when the system then was described by one minister as a "shambles". In the subsequent three years, a commendable infrastructure was put in place to assess applications initially and, if unsuccessful, on appeal. The State-funded Refugee Legal Service was set up to advise asylum applicants while their cases were being heard, and new cases are being dealt with promptly. Nonetheless, a number of major flaws and inconsistencies continue to mar the Irish system.
The Refugee Appeals Tribunal operated from the outset under a veil of secrecy as the only tribunal of its kind in the English-speaking world not to publish any decisions. While it has recently published 22 decisions, the fact that these were internally selected by the tribunal, again behind the veil of secrecy, shows that we remain a long way from a transparent process, while statistics strongly suggest that some refusals at appeal stage are influenced by who heard the case as much as by the merits of the case.
To be recognised as a refugee one has to face an extremely stringent test. Many who have fled situations of extreme danger such as war or generalised violence may not pass this test, even if they face death on return to the country from which they fled. The UNHCR mandate means it is not responsible for people who fall outside of this narrow definition. Unlike in many of our EU counterparts, assessment of these types of human rights protection does not yet form a part of the asylum determination process in Ireland. Furthermore, our overall rate of granting asylum compares poorly to countries such as Austria which, with far more asylum seekers, gives protection to some 50 per cent of all who seek asylum there.
Many who have sought asylum without fully meeting the refugee criteria will face the risk of deportation unless they are given "leave to remain". This is ultimately at the discretion of the Minister for Justice. The numbers given leave to remain in Ireland are extremely low, and those without a TD fighting their case appear to have less chance of success - and some who succeed will have spent years with their lives on hold.
Having opted out of the relevant EU directive, Ireland and Denmark are now the only EU states to maintain a ban on the right to work for asylum seekers. One woman and her children have been here since 1997 and, while they have not received a deportation order, they have absolutely no guarantee of being allowed to stay, despite the fact that the children have spent the greater part of their lives in Ireland. In a recent interview, the mother was quoted as saying: "I'm not free. I'm going day to day but I don't know what's tomorrow, what's going to happen."
Asylum seekers in Ireland are powerless to manage aspects of their lives that most of us see as basic. The system of direct provision means they have full-board accommodation, often in centres with few links to mainstream society, as well as a cash allowance of less than €20 per week. Some 27 per cent of all those in this direct provision system have been there for more than two years. Unable to work or access further education, many adult asylum seekers feel a festering sense of despair.
Children are growing up without ever having seen a parent go out to work or indeed cook a meal, and adults are almost totally isolated from Irish society, even though Ireland may be the permanent home for many of them. The long-term consequences of this degree of marginalisation, and the short-sighted lack of effective integration policies or measures to tackle racism in Ireland, are potentially devastating not just for the individuals themselves but for society more broadly.
Within the asylum system unaccompanied minors or children separated from their families are at particular risk. The ratio of social workers to such separated children compares poorly to that for Irish children in care, despite requests by the HSE for additional funding "to improve on a minimum standard of care" provided. Appointing guardians ad litem to represent their best interests, as was done exceptionally in the case of the Afghan minors, should be done routinely. There is no out-of-hours service for this vulnerable group of children, some of whom are victims of trafficking, including some rescued from brothels in Ireland.
Separated children seeking asylum start off disadvantaged with no parents here to advocate for them, to comfort or support them through life. Add to that the small cash allowance, which makes integration with Irish friends difficult, the lack of English language teachers in schools (there is a cap of two teachers per school), the lack of suitable study facilities in busy accommodation centres as well as the asylum interview itself, and one sees that the asylum process is stressful and, in cases of severely traumatised or very young children, inappropriate. Over 250 children have gone missing from HSE accommodation in the past four years. We can take pride that progress was made in the early part of this decade as Ireland cranked up its response to the asylum issue. However, we remain a long way from ensuring that all who need refuge are fairly and transparently treated, and it is unacceptable that two asylum cases of apparently equal merit may have very different results depending on who assesses or supports them.
Ireland's obligations, under the UN Convention on the Rights of the Child, to treat all children equally must be made real for asylum-seeking children. The social isolation and sense of helplessness that many people face in the asylum system must be tackled as a matter of urgency, if we are to avoid an explosion of despair from within marginalised asylum-seeking communities.
Peter O'Mahony is chief executive of the Irish Refugee Council