Trevor Ó Clochartaigh (Sinn Fein) | Oireachtas source

With regard to legal assistance, as the Bill proposes automatic recognition of residency status under section 6, it is vital that applicants receive legal assistance and advice in advance of applying for this residency status. People with outstanding applications for a form of international protection are entitled to a decision on that application. There are defined entitlements that flow from refugee status and subsidiary protection being granted. For example, refugee status is an internationally recognised status under the 1951 Convention relating to the Status of Refugees and a catalogue of rights attaches to this status under our international obligations as a state party to that convention. The primacy of the 1951 convention, including the rights of refugees, should not be undermined and-or circumvented by states providing alternative forms of status with lesser rights.

Notwithstanding that a person will not be required to secure residency under the Bill, if enacted, there is evidence that people who have opted for leave to remain, when offered it under an ad hocscheme operated by the Department of Justice and Equality previously, have not fully understood the implications of doing so and have been left unable to pursue family reunification applications, for example, which has long-term consequences for the person concerned. It is noted that family reunification is not provided for under the alternative status in the proposed Bill.

Similarly, although section 7(2)(b) enables people with this status to enjoy the same rights of travel within, to or from the State as those to which Irish citizens are entitled, the travel document referred to is unclear, while travel documents under the 1951 Convention relating to the Status of Refugees are, for the most part, internationally recognised. This may have long-term implications for the person's ability to travel outside the State. It is therefore vital that persons are equipped with the knowledge required to make an informed decision as to whether to apply for this status. This should be provided by way of independent, quality legal advice and the provision of clear, accessible information on the rights and entitlements of this status compared with the protection statuses. Section 6 should be amended accordingly.