A SOMALI woman has brought a High Court action to compel the Department of Social Protection to provide her with detailed decisions by social welfare appeals officers.
The woman wants to use these decisions to support her claims concerning entitlement to child benefit while seeking refugee status, the High Court heard.
The mother claims she is entitled to benefit for her son from the date of his birth in October 2005 – and not, as an appeals officer in the department held, from February 2006, when she was granted asylum following an appeal to the Refugee Appeals Tribunal.
With the assistance of the Free Legal Advice Centre, she is seeking orders requiring the department to publish reasoned decisions of its appeals officers and establish a transparent system which gives appellants access to those decisions.
She claims she should have the same access to those decisions which the department enjoys and says this is required to ensure a fair hearing of her appeal.
In an affidavit, Michael Farrell of the Free Legal Advice Centre said the fact that appeals officers held their positions during the “pleasure” of the Minister was not conducive to creating public confidence in the appeals office.
The fact all decisions were sent to the Minister and no database was kept also created a perception of lack of independence, Mr Farrell said. In its statement of opposition, the department said all relevant documents had been made available to the woman.
The case opened yesterday before Mr Justice John Hedigan and continues today.