Asylum system criticised for putting children at risk

IRELAND’S asylum system and the way it treats unaccompanied children has been criticised by the European Commission, which has suggested it threatens the rights of the most vulnerable across the EU.

Ireland is being referred to the European Court of Justice for not introducing the minimum standards needed for deciding whether to grant or withdraw refugee status to people arriving in the country.

It accepts less than 8% of asylum applications – one of the lowest in the EU – and has one of the longest application procedures.

The system has “lost” more than 500 children in the last 10 years.

Five years ago the Government signed up to the EU rules and while it has implemented some of the EU provisions it has not, despite repeated calls, put in place guidelines for those dealing with interviews of applicants, guarantees for unaccompanied minors and the notification of applicants regarding delays.

The commissioner responsible for the area, Cecilia Malmstrom said that the fact that countries apply EU rules differently could affect the whole European asylum system and may result in lower standards of protection for those fleeing conflicts and persecution.

“This is not acceptable. These standards represent fundamental European values, namely to protect the rights of the most vulnerable. It is important to make sure that they are respected,” she said.

Problems highlighted by various agencies such as the Irish Refugee Council, include the fact that there is no special category for unaccompanied minors in Ireland who find themselves in a legal limbo.

For example, they spend years in the charge of the state and when they turn 18 move under the jurisdiction of the Department of Justice, often sharing accommodation with unsuitable adults. Their reviews can take eight or nine years and then, having spent most of their lives in Ireland, they can find themselves being deported.

Labour MEP Proinsias De Rossa said that in the past 10 years more than 500 children have gone missing from HSE care having arrived in Ireland as unaccompanied children seeking asylum.

“This figure shows carelessness and the appalling inadequacy of the accommodation provided for these children. In most cases they were put into hostels without any adequate adult supervisions, particularly during the night-time and were extremely vulnerable to exploitation or abuse,” he said.

The interview procedure has been criticised by NGOs and lawyers especially because the applicant has to fill out a lengthy questionnaire and then undergo an interview. Both can happen without them being told they can be advised by a lawyer first and the interview is not recorded.

Poor quality translation and subsequent disputes about what was said during an interview can put the asylum seeker at a disadvantage, especially as there is no way of checking back.

Samantha Arnold of the Irish Refugee Council said the report highlights the lack of transparency in the asylum process.