Ms Fiona Hurley:

I thank the Chairman and the committee for inviting us to present here today. Nasc, the Irish Immigrant Support Centre, is a founding member of the domestic violence coalition, on whose behalf the Immigrant Council of Ireland presented last week, and we fully support and echo the recommendations made. We welcome the opportunity to present to the committee on some additional points raised in our submission based on our 13 years of experience providing one-to-one support and advice to migrants on immigration-related issues. Nasc is a non-governmental organisation working for an integrated society based on the principles of human rights, social justice and equality. Nasc, which is the Irish word for link, works to link migrants to their rights through protecting human rights, promoting integration and campaigning for change. Nasc provides immigration advice and advocacy to 1,000 migrants annually.

Any person experiencing domestic violence can encounter difficulties in reporting incidents and in accessing support services and remedies. Immigrants can face additional barriers, including language difficulties, social isolation, racism or discrimination, limited access to income or independence, uncertain immigration status and lack of knowledge regarding available supports or remedies. These were discussed by the Immigrant Council of Ireland at hearings last week and we endorse the recommendations made. We also have some recommendations of our own.

Nasc has provided advocacy and support to 92 migrant victims of domestic violence since 2011, including on immigration and social welfare issues. In 2012, Nasc co-authored a ground-breaking report on migrant access to social protection,entitled "Person or Number? Issues Faced by Migrants Accessing Social Protection". Subsequently, the Department of Social Protection committed to re-examining access to social welfare in the cases of migrants affected by domestic violence. Nasc is a lead organisation in the migrant consultative forum established by the Minister for Social Protection, Deputy Joan Burton, in the wake of the report, which regularly meets with the Department of Social Protection. Nasc would like to see a similar commitment from the Department of Justice and Equality to engage with migrant NGOs and other interested parties on policies impacting on migrant communities. In addition, Nasc recommends co-ordination between the Department of Justice and Equality and the Department of Social Protection in developing policies and regulations that protect migrant victims of domestic violence.

In our experience, migrant victims of domestic violence can be particularly vulnerable when making a report to the Garda Síochána. On top of the trauma of experiencing domestic violence, there may be language and cultural barriers as well as concerns about immigration status. We are concerned that the Garda Síochána is not fully cognisant of the particular issues that impact migrant victims and the specific needs they may have in seeking out the Garda Síochána.

According to Department of Justice and Equality guidelines from the INIS, migrant victims of domestic violence whose residency is dependent on that of a violent partner can apply to gain independent residency.

When a migrant victim of domestic violence is making an application to the Minister of Justice and Equality to seek independent residency permission, there are several types of formal documents that can aid in his or her case, including a Garda report; barring, safety or protection orders; or even proof that the Garda has been contacted in regard to a violent incident. We know that migrant victims seeking to apply for independent residency are having difficulties accessing the necessary Garda documentation to include in their applications, and are being told the Garda cannot provide this information. We recommend compassionate, culturally sensitive and timely treatment of a particularly marginalised category of people going through an extremely difficult time.

It is essential that An Garda Síochána devises a policy to correspond to the new guidelines so that victims of domestic violence can produce the necessary documentation to the Department of Justice and Equality to secure independent residency. We have dealt with a case that illustrates this. A non-EEA woman whose residency was dependent on that of her partner presented to Nasc as a victim of domestic violence. We assisted her to go down to the Garda station to make a report about the domestic violence, but the gardaí would not take the report and directed her to the family law court. She went to the family law court the following morning, with a person from Nasc. She was turned away because her English language was not of a sufficient standard to go before the court. She called a friend, but her friend's language was not of a sufficient standard either. This woman who had nothing but the clothes on her back had to try to provide a professional translator. By that stage she had made two serious attempts to access her domestic violence remedies.

Finally, we recommend that any reform to the domestic violence legislation be equality proofed, and reflect the needs of particularly vulnerable categories of people, including migrant women and children. Ireland has experienced a demographic shift since the introduction of the 1997 Act, and we ask that any reforms made to that legislation would reflect that shift and also the inter-sectionality of barriers migrant victims can experience. Migrant victims of domestic violence can be particularly vulnerable when presenting at the court for protection, as I have just explained. When they look for barring, safety or protection orders, they face barriers if they do not speak English. Unlike in criminal proceedings, there is no requirement for the court to provide translation services when a woman is seeking a protection or safety order. We recommend that any reform to the domestic violence legislation would include this as a bare minimum.

I thank the members of the joint committee for this opportunity to present.