Irish Refugee Council and law firm join forces to assist asylum seekers

Legal aid for asylum seekers in Ireland has historically focused on the appeal stage. This has resulted in fewer people being recognised as refugees, increasingly unsustainable decision-making and a relatively high level of judicial review of decisions.

Recognising that there was a clear need for refugees to be given the required legal support to realise their right to asylum at the earliest opportunity, the Irish Refugee Council Independent Law Centre developed an innovative and successful model of a free early legal advice (ELA) service for refugees in 2011.

The goal was to ensure that refugees were given the necessary advice and support in advance of preparing for their first instance asylum questionnaire and interview and to have the support of a legal representative accompanying them to their substantive asylum interview.

Given the current global displacement of persons and the complexity of reasons why refugees flee from their home countries, quality legal advice has never been more important.

The aim of the early legal advice initiative was to respond to this unmet legal need during the first instance asylum procedure and to assist the decision-maker to ensure that persons who qualify for protection are recognised as refugees at the earliest opportunity.

High quality legal advice ensures the applicant’s voice is put at the centre of the process, with all relevant facts and evidence being put before the decision-maker prior to a first instance decision-issuing.

According to the United Nations High Commissioner for Refugees (UNHCR) such frontloading of legal advice in an asylum system should not only reduce costs for the state involved, but also result in “fairer and more efficient” decisions for the applicant.

One of the ways in which early legal advice can be provided to a greater number of refugees is through partnership with like-minded experts in the provision of legal services, so that more people can benefit from invaluable guidance at the earliest possible stage.

Training and mentoring

Two years ago, the Independent Law Centre was approached by corporate law firm A&L Goodbody which was seeking to lend the expertise of its lawyers to a unique pro-bono initiative.

With the support of the Public Interest Law Alliance (PILA), a partnership between the firm and the centre was established. It provided comprehensive training and mentoring to 70 A&L Goodbody lawyers, equipping them with the knowledge to offer legal representation to persons seeking international protection.

This has enabled the firm’s lawyers to support refugees through the preparation of a personal statement over the course of a number of appointments, in addition to accompanying them to the substantive asylum interview and drafting legal submissions which detail the facts of the claim, the protection needs of the refugee, along with relevant country of origin information and other evidence.

Persecution

For those who may be fleeing persecution for a variety of reasons – for example, due to religious or political beliefs, sexual orientation or gender identity – this partnership has ensured that a greater number of persons have been able to access appropriate legal advice during the first instance asylum procedure.

Since 2013, A&L Goodbody lawyers have provided a significant level of support, dedicating more than 2,600 hours of pro-bono counsel to 26 individual refugee clients, demonstrating how commercial law firms can apply their skills and expertise for the benefit of some of the most disadvantaged and marginalised people in society through collaboration with independent law centres.

The first and only programme of its kind in the country, this collaboration has been an important pioneering effort to leverage new resources for the public interest and was recently recognised on the European stage with the prestigious European Award for Local Pro Bono Impact.

Presented by PILnet, an independent nonprofit organisation that works to challenge injustice through law and policy, the award recognises the best and most innovative pro-bono legal project undertaken by a law firm and/or an NGO across Europe.

It was awarded to the Irish Refugee Council Independent Law Centre and A&L Goodbody for recognising and addressing a significant unmet legal need in Irish society, achieved by harnessing the expertise of a corporate law firm to develop their knowledge and skills in a new practice area, so as to support refugees as they navigate the Irish asylum process.

In the context of the unfolding humanitarian tragedy and conflict in Syria and the Government announcing earlier this year that Ireland was to accept 4,000 refugees under the Irish Refugee Protection Programme, it is now more important than ever that NGOs and the business community find innovative ways to work together by applying their skills for the common good.

Alongside A&L Goodbody, it is our ambition in 2016 to continue to support those cases where we can add real value to refugees’ claims for protection in Ireland and to make a real difference to their lives which have already been marred by injustice.

Brian Collins is a senior solicitor at the Irish Refugee Council Independent Law Centre. irishrefugeecouncil.ie/law-centre