UN puts forward new procedure for screening asylum-seekers

A more streamlined and generous way of processing applications for refugee status has been proposed by the representative in …

A more streamlined and generous way of processing applications for refugee status has been proposed by the representative in Ireland of the UN High Commission for Refugees.

Pia Prutz Phiri says a single-step procedure for deciding claims by people for protection in Ireland should replace the current two-track regime.

Refugee applicants must exhaust an often lengthy initial interview and appeals process before they can apply for a separate category of protection called "temporary leave to remain" in the State.

People refused refugee status can seek leave to remain from the Minister for Justice, who will consider factors such as their family circumstances and humanitarian issues.

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However, Ms Prutz Phiri said that instead of having to appeal to the Minister's discretion applicants not recognised as refugees should automatically be considered for "complimentary protection" by staff processing the initial interviews and appeals.

This protection would apply to applicants who are in "refugee-like situations" but have not met the United Nations' Geneva Convention definition of a refugee as someone fleeing persecution on grounds including race, religion, nationality or membership of a social group.

Ms Prutz Phiri said "refugee-like situations" would include civil wars where people are fleeing countries due to general unrest but not because they are being individually persecuted. People who were neither refugees nor fleeing "refugee-like situations" could still seek temporary leave to remain on humanitarian or other grounds.

"There are people now who are compelled to apply in a separate procedure to have their protection needs recognised and those would be better done in a single procedure," said Ms Prutz Phiri.

"It is important for those who are refugees under the UN Convention that the convention criteria be applied in a generous manner and that the complimentary protection should include the right to family reunification."

Ms Prutz Phiri made her comments in advance of the 50th anniversary later this month of the UN Geneva Convention.

About 7 per cent of applicants in Ireland are granted refugee status, entitling them to live and work permanently in the State and eventually apply for citizenship.

Ms Prutz Phiri said her office has been training staff processing refugee applications and intensely monitoring decisions. She acknowledged the significant increases in staff and resources in the refugee area in recent years and said she was impressed by the Government's commitment to speed up procedures.

"While we can all be impatient and should be because this is an important area, we should also recognise the resources put in place to make this work and we should allow the system some time to become fully efficient," she added.

Ms Prutz Phiri said she was opposed to planned introduction of fines for carriers such as airlines and ferry companies transporting undocumented migrants to the State.

Such measures, which exist in many EU states, oblige carrier staff to check passenger documents for authenticity.

This "delegates an authority which squarely lies with states", she said. "Many refugees and asylum-seekers are not carrying documents or have false ones and the end result is that people who need access to a territory may be effectively barred."

Fines should be waived for passengers who, upon arrival in Ireland, apply for refugee status, she added.

The UNHCR's Dublin office has this month become a standalone operation instead of a subsidiary of the London bureau.

This was in recognition of the increase in refugee applicants in Ireland in recent years and the fact that the Republic has become "an important and reliable donor for UNHCR", said Ms Prutz Phiri.