Oireachtas Joint and Select Committees

Wednesday, 9 May 2018

Joint Oireachtas Committee on Justice, Defence and Equality

Access to the Labour Market for International Protection Applicants: Discussion

9:00 am

Mr. Nick Henderson:

We have thought about this and we ourselves are unsure. We await with interest to see what is proposed as the appropriate appeal body. One possibility is the International Protection Appeals Tribunal, which takes appeals from the International Protection Office, but that only deals with the issues of whether somebody is a refugee and whether he or she is entitled to subsidiary protection and permission to remain. It would be an extension of that body's remit and responsibilities to deal with appeals against removal of reception conditions.

It is important to note that Article 26 of the directive states: "At least in the last instance the possibility of an appeal or a review, in fact and in law, before a judicial authority shall be granted." "Shall" means that this is an obligation. We submit that judicial authority would require an appeal body of sufficient standard. It could not, in our submission, be an internal administrative appeal, for example to a more senior official than the one who made the original decision. In our reading of article 26, a significant level of appeal would have to be allowed.

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