State security no excuse for jailing innocent visitors

THERE has been considerable media coverage recently about the behaviour of immigration officers towards foreign nationals at Dublin airport, in particular the extremely disturbing treatment of Rev John Achebe.

Despite being in possession of a valid tourist visa and other identity documents, he was strip-searched in front of other prisoners and prison officers, denied access to legal counsel, forced to share a cell with four other prisoners while sharing an open toilet at Cloverhill prison and then removed back to Dublin airport to await deportation.

Had it not been for the intervention of the Nigerian ambassador, the deportation would have gone ahead.

Understandably, many Irish people have been outraged and upset that innocent visitors to our country would receive such degrading and unwarranted treatment — in violation of their human rights.

We at the Irish Refugee Council (IRC) of course recognise that immigration officers are entitled, and indeed required, to be efficient and effective when carrying out their duties.

However, they must at all times respect the privacy and integrity of every individual regardless of their nationality.

It is not acceptable in a democracy to use the cover of state security and secrecy as an excuse for such behaviour.

The Immigration Residence and Protection Bill 2008 is going through the Dáil and, unfortunately, rather than using this as an opportunity to improve current procedures to ensure a fairer and more transparent system, the Minister for Justice intends to extend the powers of immigration officers.

An immigration officer will be able to “detain and examine” any person at a port that they “reasonably suspect to be a foreign national”.

There is no time limit attached to this detention nor is there any recourse to a lawyer.

Furthermore, where it appears to an immigration officer that a foreign national is unlawful , they can be deported without notice. This is a draconian provision and is in blatant violation of international law.

Moreover, if someone is refused “leave to land” at a port, there is no right of appeal and generally the reason for refusal can never be obtained. This may also affect people seeking asylum.

The IRC is calling for all immigration officers to come within the remit of the Garda Ombudsman Commission so that they can be held accountable for their decisions.

It is essential that detailed regulations are devised setting out standards that immigration officers have to comply with, particularly in the area of deportations, given the extent of their powers and the amount of discretion they are allowed.

This is a timely opportunity for the minister to restore faith in the Irish immigration system as the points we’ve referred to are being debated in the Committee on Justice, Equality, Defence and Women’s Rights.

Robin Hanan

Chief Executive

Caoimhe Sheridan

Legal Officer

Irish Refugee Council

Ballast House

Aston Quay

Dublin 2