Mr. Brian Killoran:

I thank the committee and its members on behalf of the Domestic Violence Coalition for the opportunity to speak on this important topic. The Domestic Violence Coalition comprises ten nationwide front-line organisations and combines services working primarily to support women who are experiencing domestic abuse and those working to support persons from a migrant background. The members of the coalition are Women's Aid, Adapt Domestic Abuse Services, Ascend Domestic Abuse Services, Doras Luimní, Nasc – the Irish Immigration Support Centre, the Domestic Violence Advocacy Service Sligo, AkiDwA, Longford Women’s Link, Sonas Housing and the Immigrant Council of Ireland.

The focus of the coalition has arisen from the experiences and difficulties encountered by all its member groups in providing support and services to women from a migrant background, both from the European Union and beyond, who are experiencing domestic violence and abuse. In all circumstances of domestic abuse the immediate safety and security of the women involved is paramount. However, in circumstances where the woman is from a migrant background, she may face restrictions and limitations on her ability to access support and safety by virtue of her limited immigration status or her inability to access public funds because of tests such as the habitual residency condition. These additional barriers and obstacles not only cause considerable difficulties for women seeking support, but also cause considerable fear and uncertainty for women who are considering reaching out. This uncertainty is often used as a further method of control by her abuser. Many of those who approach us cite a fear that they will be deported if they come forward.

The problem from an immigration perspective mainly impacts upon women from outside the EU and revolves around the issue of dependence of immigration status. Often when a person is given permission to live in Ireland based on their family circumstances, such as being married to an Irish citizen, the continuation of that status is based primarily on the continuance of that relationship. When the relationship ends, or couples no longer cohabit, the separation places the dependant person’s immigration status in question. It becomes necessary at this point for that person to seek an immigration status that is independent of their former relationship. As many of the members will be aware, there is an absence of legal provisions governing this process and the issuing of this status is more often than not at the complete discretion of the Minister and the immigration authorities.

As a result of successful lobbying by the Domestic Violence Coalition the Irish Naturalisation and Immigration Service issued a policy statement in August 2012 that clarified its position on applications of this nature.

The Domestic Violence Coalition acknowledges this positive step by the INIS and the Minister, and further acknowledges that, in the majority of cases, applications for independent status are treated sensitively and positively by the immigration authorities. However, a number of issues remain unresolved. There is a need to formally recognise domestic violence in immigration law. The policies of INIS are governed by the discretion of the Minister and as such are often unclear. Often the lack of clarity surrounding the process adds an added level of pressure, fear and uncertainty to an already very vulnerable situation. The impending publication of the immigration, residency and protection Bill by the Minister is an opportunity to legislate for these circumstances in detail.

Reform of current administrative process is required between now and when legislation is possible. The processing time for applications can vary from two weeks to six months in some cases. We acknowledge that the Department handles applications very quickly in some circumstances, but in other cases the processing time can take a number of months, during which time the person is in a very vulnerable situation, often without an immigration status.

We have concerns over the fee attached to the immigration application. Women from outside the EU who are successful in receiving an independent immigration status are then required to register or reregister their presence with the Garda National Immigration Bureau. In the majority of cases this incurs a fee of €300 to be issued with a certificate of registration. In cases where the women have no financial means or have no access to public funds, this fee is a monumental obstacle to them regaining their immigration status and getting their lives back on track. There are a number of exceptions to paying this fee, such as those formally recognised as victims of human trafficking, but to date the INIS has refused to add victims of domestic violence to the list of exceptions. This must be carried out with immediate effect.