Government advised to amend proposed text of Immigration Bill

SEVERAL measures contained in the Government’s Immigration Bill are likely to be deemed illegal under international law, the State’s human rights watchdog has warned.

Addressing the Dáil Justice, Equality, Defence and Human Rights Committee yesterday, the Commission’s Suzanna Egan said the Government should amend the proposed Bill to bring it in line with international human rights law.

The controversial Bill is currently at Dáil Committee stage and is on schedule to be passed by the Oireachtas before the Summer.

In particular the Commission objected to measures aimed at introducing carrier sanctions. Ms Egan said it was entirely possible that the European Court of Human Rights would find that carrier sanctions were in violation of the Universal Declaration of Human Rights.

“It’s a well recognised fact that asylum seekers do not always have travel documents,” Ms Egan said, asking the Government to amend the text of the Bill to ensure that travel companies would not block asylum seekers from travelling before they reach the State.

Ms Egan said the Commission had concerns that a failure to change the Bill would leave it in breach of Article 14 of the Universal Declaration of Human Rights which guarantees the right to seek asylum. The measure could also be in breach of Article 31 and 33 of the Geneva Convention which guarantee the right not to be returned to persecution, she said.

The Human Rights Commission, established by the Government last year, also objected to other measures in the Immigration Bill aimed at streamlining the asylum procedure. The measures in question include:

* An automatic refusal if an applicant fails to provide an address within five days.

* An automatic refusal if an application is withdrawn.

* An automatic refusal if an applicant fails to show for an interview.

Ms Egan said such automatic refusals and subsequent deportations to possible persecution without a case being heard had already been found in breach of Article 3 of the European Convention on Human Rights by the European Court of Human Rights in the case of an asylum seeker in Turkey who was being sent back to Iran.

The Commission also called on Justice Minister, Michael McDowell to allow anyone who had withdrawn an application before this year’s Supreme Court baby loophole ruling, to reapply for asylum.

Also addressing yesterday’s Oireachtas Committee meeting, the Immigrant Council of Ireland called on the Minister to be more transparent in his decision making process.

“In particular, no person should be expelled from the State or returned in any manner whatsoever to the frontiers of territories where the life or freedom of that person would be threatened,” said Council chairwoman Sister Stanislaus Kennedy.