Amnesty scheme opens for asylum seekers awaiting permission to stay in Ireland

Scheme aims to ‘clear backlog’ before new system replaces direct provision - Minister

Asylum seekers waiting at least two years for a decision on their international protection application can apply, from today, for an amnesty to remain in Ireland under the Government's new regularisation scheme.

The Department of Justice announced on Monday that the second strand of its new regularisation scheme for the long-term undocumented would open for six months from February 7th-August 7th, 2022. This amnesty will enable asylum seekers, who have been in the international protection process for at least two years, to apply for Stamp 4 immigration permission to live and work in Ireland. Stamp 4 holders have unrestricted access to the labour market and can begin the pathway to Irish citizenship.

Asylum seekers will not have to withdraw their international protection application when they sign up to the scheme and can continue both processes in parallel, the department confirmed.

Minister for Justice Helen McEntee said she hoped the scheme would help “clear the backlog” of asylum cases so the Government can work to address any legacy cases before the new accommodation system, which will replace direct provision, comes into operation in 2024.

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A total of 6,230 international protection applications were being processed in January 2022, including 800 cases awaiting a final decision by the ministerial decisions unit. An additional 1,180 appeals were also being considered by the International Protection Appeals Tribunal in January.

Recommendation

The decision to include asylum seekers alongside undocumented people in the new regularisation programme follows a recommendation by the 2019 expert advisory group led by former secretary general of the European Commission Dr Catherine Day.

Dr Day said she was “absolutely convinced” any new system would fail unless the large backlog of people awaiting a decision on their claims was substantially reduced and said five years leave to remain should be given to any person who had been in the system longer than two years. Dr Day also described direct provision as a “dysfunctional” and “reactive” system which condemns thousands of vulnerable people to a life in limbo.

There are currently 8,582 people in the direct provision system including 1,065 staying in emergency accommodation, according to data up to January 30th, 2022. This also includes 396 people staying in the State’s national reception centre in Balseskin, where most asylum seekers spend a short time when they first arrive in the Irish State. This total number in direct provision also includes 323 people in “quarantine facilities” and 970 in “pre-reception facilities”, according to the Department of Children and Equality.

The newly formed Stand Against Direct Provision (STAD), which represents non-profit organisations from across Ireland, called last week on the Government to immediately prioritise the closing of all emergency accommodation centres and to reduce application processing times while preparations are made for the new alternative accommodation system.

Standards

Under the regularisation scheme, which launched on Monday, eligible applicants will not need to demonstrate that they will not be a financial burden on the State. They must meet standards regarding good character and a criminal record and must not pose a threat to the State, said the department. Having convictions for minor offences will not, by itself, result in disqualification, it added.

Meanwhile, one thousand applications have already been made for the mainstream regularisation scheme for undocumented people which opened on January 31st. This primary strand of the regularisation programme is open to undocumented people who have been living in Ireland for at least four years or more (or three years for those with children).

Applications by undocumented people cost €550 for individuals and €700 for a family. However, asylum seekers will not be charged a fee for their application.

Sorcha Pollak

Sorcha Pollak

Sorcha Pollak is an Irish Times reporter and cohost of the In the News podcast