Immigration Bill: Concerns not addressed

THE State’s human rights watchdog yesterday strongly criticised key parts of a government bill aimed at overhauling the immigration system.

The Irish Human Rights Commission said it had raised some of these concerns after a first draft of the legislation more than a year ago, but said they had not been taken on board.

The commission said it was particularly concerned at provisions allowing for the detention of asylum seekers in prisons or Garda cells and provisions that will prevent court applications from stopping deportations.

The Immigration, Residence and Protection Bill 2008 was published by Justice Minister Brian Lenihan a fortnight ago and is due to enter the Dáil on Thursday.

“Of particular concern to the commission is the provision for detention of asylum seekers,” said commission president Dr Maurice Manning.

“In our 2006 observations on the scheme of the bill, the commission expressed the view that prison is not a suitable place for the detention of asylum seekers who have not committed a criminal offence.

“The 2008 bill retains the proposal for the detention in particular circumstances of asylum seekers in prisons or Garda stations. This is despite clear international human rights standards that indicate that such an approach is not acceptable.”

In a preliminary examination of the bill, the commission said it was also concerned at the provision for the removal from Ireland of people who are challenging a decision on their asylum applications through the courts.

The bill proposes that where judicial review proceedings are initiated challenging the removal of a person seeking asylum from Ireland or transfer to a “safe third country”, the initiation of those proceedings will not suspend the removal of that person.

“The current provision on removal in the bill undermines the effectiveness of the judicial review remedy,” said commission chief executive Éamonn MacAodha.

“It also potentially puts people at risk of removal to a country where they could be in danger of serious human rights violations such as torture, inhuman or degrading treatment.”

A spokesman for the department said the minister would give “full consideration” to the commission’s detailed observations, due to be published in the coming weeks.