Sir, – Senator Michael McDowell’s article “We are in crisis. There is no time for consultation on housing refugees” (Opinion & Analysis, February 8th) begins with several good points, in particular the need for emergency powers and a specialist agency. However, the article has several points that require rebuttal.
Mr McDowell says that not producing documentation cannot be allowed in the “real world” and asks why we can return people if they immediately fail to produce evidence.
The answer is this would be breaking the law: Article 31 of the Refugee Convention says a person seeking refugee status must still have their application processed even if he or she has entered a state illegally. The International Protection Act states that a person who is at the frontier of the State (whether lawfully or unlawfully) may make an application for international protection. Why is this allowed? Unfortunately the “real world” situation is that there is no visa to claim asylum, and it is very difficult for a person from a refugee-producing country to get a visa. People are often forced to travel in a way that requires them to travel in illegal or irregular ways, including using a smuggler who may take the passport back off the person when travelling. It is worth mentioning, also in our experience, that identity is carefully scrutinised by Irish immigration officers. A person will be asked questions, fingerprints taken, and interviews conducted from which a person’s identity and nationality can be established.
The figures on successful application and unsuccessful applications are freely available. In 2022, 35 per cent of decisions made resulted in a person being given refugee or subsidiary protection. The average EU recognition rate across all member states for 2021 (2022 data not yet available) was 34 per cent. We are not an outlier. Refugee status determination in Ireland is, in our 30-year experience, rigorous and involves a detailed examination of a person’s application.
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Ireland is not alone in receiving applications from Georgia and Albania. Georgians have been one of the 10 main applicant groups in the EU almost every month since May 2021. While both are designated as safe countries, the legislation also states that an individual assessment of a person’s situation must be made.
Between January and June 2022, 256 decisions were made on Georgian applications; 20 per cent received refugee status. In 2021, 18 per cent of Georgian appeals were successful.
We should be careful about writing off all applications from particular countries. In addition to safe country designation, the State can also use its powers to find an application inadmissible or subject to the Dublin III regulation.
Mr McDowell concludes by saying we must avoid playing into the hands of extremists. We agree. But some of the statements in the article do not help and may perpetuate and amplify existing misinformation. – Yours, etc,
NICK HENDERSON,
Chief Executive Officer,
Irish Refugee Council,
Dublin 1.