Sir, – The report by your correspondent Ellen O’Riordan (“Tribunal must reconsider asylum claim made by man convicted of manslaughter, court rules”, October 23rd) highlights another grey area in our overwhelmed asylum process, namely international protection claims being made from prison.
In recent years (and going back many more) there have been instances of people with serious criminal convictions making international protection claims from prison towards the end of their sentence so as to frustrate potential deportation from the State.
It may be of interest to readers to learn that if refoulement (high risk of torture or ill treatment in their home country) applies, even convicted murderers cannot be removed from the State should their asylum claim be rejected.
In the case of persons who can be removed, a torturous administrative process of balancing their rights under the European Convention on Human Rights Act 2003, which includes family ties to the State, has to be carried out by officials in the Department of Justice prior to a deportation order being made.
Even then, judicial reviews are often taken to further frustrate removal.
The much-vaunted Migration Pact will have zero impact on the above cases so perhaps after the forthcoming general election, the incoming government might consider reviving the Immigration and Residency Bill that fell back in 2010 and address an obvious abuse of the asylum process. – Yours, etc,
MICHAEL FLYNN,
Bayside,
Dublin 13.