Dáil debates

Thursday, 14 February 2008

Immigration, Residence and Protection Bill 2008: Second Stage (Resumed)

 

1:00 pm

Photo of Noel O'FlynnNoel O'Flynn (Cork North Central, Fianna Fail)

There is a myth that most immigrants enter this country unlawfully but, contrary to this perception, most people come here in a proper fashion with the correct visas and permits. This Bill sets out for the first time in statutes the procedures for applying for a visa and for dealing with asylum seekers. It makes the immigration process transparent to those living here and those who wish to make Ireland their home.

My views on asylum seekers who abuse the system are well known and have been borne out by the number of multiple benefit claims made by some asylum seekers here, in the UK and in other jurisdictions. That type of fraud has been curtailed significantly by the introduction of fingerprinting, which has helped ensure EU countries encounter fewer fraudsters making multiple claims.

The number seeking asylum in Ireland has fallen considerably since 2002 — almost 4,000 applications were received in 2007, the lowest annual total since 1997 and a 66% decrease on the 2002 figure. In many instances asylum seekers leave their home countries not because of persecution but seeking a better life; in short, they are economic migrants. Under the present system these cases must be examined in detail. First the Refugee Applications Commissioner looks at the case and a negative decision at this point can be appealed to another body. Only when both bodies have given a negative response can other elements of the application for leave to remain be considered. All this means that some applications take a significant length of time and someone on the Fine Gael benches today referred to "years and years and years and years". This means that such people, who are in the country unlawfully, cannot be removed until after a very long process. Over 80% of these applications fail.

A person who is given an eight week visa and decides to overstay in the country cannot be removed under present law without a long deportation process. This makes no sense when a person has wilfully broken the terms of a visa. Under the new arrangements such a person will be obliged to leave or can be removed against his or her will. There is no question of sending back people who have fled their countries in genuine fear of persecution as, in such instances, this Bill guarantees the safeguard of the legal process in court.

I will not refer to 2002 but it is interesting to note that in an article in The Irish Times in 2004 the Nigerian Embassy accused bogus asylum seekers from Nigeria of making terrible and unfounded allegations against their country of origin to stay in Ireland at all costs. The embassy also accused journalists and non-governmental organisations, NGOs, of encouraging asylum seekers to vilify Nigeria as a means of staying in Ireland.

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