Michael McNamara (Clare, Independent) | Oireachtas source

This is a matter on which I have been trying to get information for some time now and it has been proving difficult. I asked a parliamentary question with respect to how many persons whose applications for international protection had been determined, and where there no judicial reviews of the decisions, were still in IPAS accommodation. These would be cases where determinations were accepted and were not under legal challenge.

I believe I asked the question in November 2023. At the time, I was told that some 6,000 people granted either international protection or humanitarian leave to remain were still in accommodation and that IPAS was making efforts to slowly transition them out of its accommodation and into alternative accommodation, starting with the people who had received the relevant status three years previously. This does not, however, fully answer the question because there are two other groups of people who are no longer applicants for international protection. I refer to those whose applications for international protection have been determined. These are people who have been refused international protection and humanitarian leave to remain. I have not received a definitive answer in this regard. I was told there were people in respect of whom deportation orders had been issued - a small number - still in IPAS accommodation. However, there is still a much larger group of people in this category, namely, those whose applications for international protection have been determined.

As the Minister will know, the International Protection Act 2015, effectively, has a three-stage process. The first step is to apply to the IPO for international protection and, simultaneously, humanitarian leave to remain. That application is either granted or refused. If people are refused, they can appeal the refusal of international protection, but only international protection, to the IPAT. It is not possible to appeal a refusal of humanitarian leave to remain. The IPAT then makes a determination. Following receipt of that determination, if it is negative, it is then possible to apply for humanitarian leave to remain. This is a process that is taking a very long time. Many people's cases are backed up. The Minister for Justice refuses to tell me how many people are awaiting a determination.

By the way, there is only one week in which to make that application. It is a very short timeframe in which to make the application and this implies there is a degree of urgency in this regard. Unfortunately, however, this matter is not treated like that by the Department of Justice. The Minister refuses to give information but, anecdotally, I am told there are people waiting months and years for this determination to be made. Why is this important? It is because the planning exemption that applies in respect of IPAS accommodation is in respect of people seeking international protection. International protection is defined by the International Protection Act 2015 and it specifically refers to "refugee status" or "subsidiary protection". This is in the case of international protection as opposed to humanitarian leave to remain.

Once people receive IPAT determinations, therefore, be they negative or positive, they are no longer applicants for international protection within the meaning of the planning exemption and, importantly, within the meaning of European law. Ireland, of course, has a duty to provide accommodation to applicants for international protection. Once that is determined, the duty ceases. There may be duties elsewhere, as in the general housing list for persons who are homeless, but there is no planning exemption to move a busload of people who are homeless into an area and avail of a planning exemption. It simply does not exist.

3 o’clock

My fear is that inadvertently or otherwise, the system as it now exists is abusing planning exemptions. I look forward to the Minister's response.

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