Stripping visa-free travel rights from refugees will exacerbate ‘two-tier system’ in Ireland, says State watchdog

The State’s human rights watchdog has raised concerns over the Government’s decision to strip visa-free travel rights from refugees arriving into the country.

The Irish Human Rights and Equality Commission says it is concerned the move is a “new departure” that will exacerbate a “two-tier system” for refugees in Ireland and “widen the gap” between Ukrainians and others seeking international protection.

In a private letter to Minister for Justice Helen McEntee, seen by The Irish Times, the commission said it was “concerned with both this decision’s immediate impact on refugees and the signal it sent in terms of the Government’s approach to those who have been granted refugee status”.

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Chief commissioner Sinéad Gibney is seeking clarifications on the evidence the decision was made on and how the reforms would actually prevent further abuse.

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Earlier this week the Government decided to temporarily suspend its participation in a Council of Europe agreement that allows visa-free access to the State for those granted refugee status in 20 other European countries.

The Coalition cited concerns over forgery of documents and misuse and abuse of the system, saying it would assess rejoining the mechanism in a year’s time.

Referring to a statement issued by the Government following the Cabinet decision on Monday, Ms Gibney has asked the Minister to explain a line referring to “evidence that there may be abuse of such systems”.

“Can your department clarify what evidence there is for purported abuses and how prevalent such abuses are?” she wrote, adding that there were safeguards built into existing rules governing the returning of refugees to the place they first sought protection — known as the Dublin Convention — and immigration acts that were “designed to protect against the kind of abuse complained of”.

“Can you also clarify any additional protection this reservation will provide for the integrity of Ireland’s immigration system?” she wrote.

The Irish Times has sought detailed data on the matter from the department but none has been supplied.

The letter also accuses the Government of not actually providing a reason to the Council of Europe for its decision to temporarily suspend the provision. “While Ireland has entered its reservation to the Council of Europe, no reason is given. Can you clarify the formal reason for the Government’s decision for this reservation?” Ms Gibney asked.

Her letter outlines how she has spoken about “Ireland’s two-tier system”.

“The commission is concerned that this step widens the gap in provision between Ukrainian refugees arriving in the EU under the temporary protection directive, and those who seek and are granted international protection,” she wrote.

She is also seeking clarity on the data used to justify the decision, which cites figures from the Eurodac, a shared European fingerprint database, as evidence that some using the system to apply for protection here have been approved in another jurisdiction. However, the commission says its understanding is that the system records those who have applied for protection rather than those who have been accepted into another country’s system.

“We seek confirmation that these Eurodac figures relate solely to refugees (people who applied for and were granted international protection in other member states before coming to Ireland).”