Lost opportunity to address broken asylum and protection system
After significant delays, the Immigration and Naturalisation Service (INIS) have published new procedures for the determination of subsidiary protection applications. The new regulations come into effect on 14 November 2013.
Nasc’s Senior Legal Officer Claire Cumiskey notes:
“Although we welcome the introduction of a distinct application process for subsidiary protection that includes an interview for applicants, we are deeply concerned that the new procedures will create even more significant delays for people seeking protection.”
Nasc CEO Fiona Finn comments:
“This was absolutely a lost opportunity for the INIS to introduce a more streamlined and efficient asylum and protection system. Minister for Justice Alan Shatter has noted these procedures are only an interim measure. This would have been a perfect chance to introduce the Single Procedure Mechanism, which currently forms part of the Immigration, Residence and Protection Bill, but has sat, like the rest of that Bill, in dormancy for years. We have lobbied since 2010 for the introduction of that mechanism in all urgency to fix the broken asylum and protection system.”
“One of the glaring omissions in the introduction of these new procedures is that they do not permit for the possibility of applying for subsidiary protection without first going through the asylum process. This creates further and costly delays in an already overburdened system that results in families waiting for years on end in totally unsuitable conditions.”
Nasc calls for the immediate introduction of the Single Procedures Mechanism with the option to apply subsidiary protection as a stand-alone application upon entrance into the State.
Note:
Those who do not fall under the legal definition of a refugee may apply for other types of protection. Subsidiary Protection offers protection if it can be shown you are at risk of suffering serious harm in your country of origin. Serious harm includes: if you are at risk of the death penalty or execution; torture or inhumane and degrading treatment; a serious and individual threat to a person’s life by reason of indiscriminate violence in situations of conflict. For further information on the Asylum process in Ireland see our ‘know your rights‘ section.
The complete subsidiary protection regulations 2013 can be found here, while a detailed Information Note explaining the new arrangements for the processing of applications is available here.
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