Oireachtas Joint and Select Committees

Wednesday, 11 July 2018

Joint Oireachtas Committee on Justice, Defence and Equality

Immigrant Investor Programme and International Protection Applications: Discussion

9:00 am

Photo of Donnchadh Ó LaoghaireDonnchadh Ó Laoghaire (Cork South Central, Sinn Fein) | Oireachtas source

I will put some points to the witnesses that were raised by the committee. It drafted a document on international protection and asylum. One of the criticisms was on family reunification. There was a view that the Refugee Act 1996 contained a stronger right to family reunification. While it has been addressed to some extent, the 2015 Act contained a more stringent and difficult test. There was also a feeling arising from the discussion that discretion, where it was used, was being exercised in a limited way. Obviously INIS has certain rules and views on certain jurisdictions and so on. One example was given of a decision where somebody who was well-established and had employment received a letter from INIS in 2015. The person's application for a visa for his or her parents was refused despite the father being in the later stages of Alzheimer's. INIS questioned the degree of destruction in Syria stating it was noted that central Damascus had been relatively unscathed by the war in Syria. I found it incredible when I read it. The witnesses will not necessarily be familiar with that case. It is possible it was appealed further. I was not dealing with it directly. It was evidence that was given to the committee. The report also found there was an almost adversarial approach to the people who make applications. The chief executive of Nasc said the International Protection Act 2015 means many refugees will have to move from the refugee family reunification process to the immigration framework. Under the framework, of every ten applications eight will be refused. It is not a specific question but I would like the witnesses to respond to it. There was a view that, procedure aside, the approach in the default position is more adversarial and more in favour of refusal than of approval.

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