Ireland’s ‘Safe’ Country Asylum Decision

Which nations are currently categorised as “safe” for individuals applying for asylum in Ireland? The list includes Albania, Algeria, Bosnia and Herzegovina, Botswana, Georgia, Kosovo, Macedonia, Montenegro, Serbia, South Africa, and the latest additions are Brazil, Egypt, India, Malawi and Morocco.

What does it mean for a nation to be labelled “safe”? According to the State’s International Protection Act 2015, to earn this label, the Minister for Justice must demonstrate that there is “generally no persecution, no torture or inhumane or degrading treatment or punishment and no danger from indiscriminate violence due to international or domestic armed conflict” in the given country. Despite this, there’s been criticism from civil society organisations that believe that the Act’s process has been misused with the recent new additions to the list.

Is Egypt, Malawi and Morocco really safe? Amnesty International objects to the addition of Egypt to the list because of its “persistent human rights and impunity issues”, where “torture and other ill-treatment and enforced disappearances” are commonly reported. The organisation has stated that Egyptian authorities routinely repress the rights to free expression, association and peaceful assembly, suppressing critical voices, both offline and online.

In Malawi, same-sex partnerships are criminalised, with punishment up to 14 years in prison. In Morocco, the US State Department has noted “multiple trustworthy accounts of law enforcement authorities using torture and other such treatment”.

What’s the situation involving India and Brazil? Many assume that Indians in Ireland are likely to be working in the tech or healthcare sectors, while Brazilians are usually associated with being English-language learners. Yes, this tends to be the scenario, but there are a few who do apply for asylum. Some Brazilians are at the point when their work visas are about to expire, and opt to apply for asylum instead of returning home. Meanwhile, some Indians apply for asylum due to the country’s “shocking violation of rights and unsafe conditions for women”, according to Gary Daly, a human rights lawyer who has assisted Indian female clients who have fled due to sexual violence.

What’s the number of asylum seekers in Ireland from these countries?

The state accommodations are hosting 463 Egyptians seeking refuge, marking an increase of 96 individuals from the previous year. Likewise, 370 Moroccans, a rise of 76 from the previous year, are seeking refuge, whereas the number of Malawian asylum applicants has only seen a modest increase of two over June 2023.

Asylum seekers from India lodged in state accommodations number 200, up by 68 from this time last year, and 65 Brazilians were living in asylum seeker lodgings a year ago, but the most recent official statistics do not include them.

Now, turning our attention to Nigeria; although not classified as a safe country, Nigerian asylum applications are fast-tracked as they make up the largest group of asylum seekers in Ireland. Currently, 6,255 Nigerians await the outcome of their asylum applications, an increase from last year’s 2,819.

Does being tagged a “safe country” prohibit its citizens from filing for international protection?

Not at all. Asylum applications from these nations are accepted, but they are expedited and decisions are typically rendered within three months. Asylum seekers from these nations are required to complete a comprehensive questionnaire at Dublin’s International Protection Office on the day they submit their asylum claim and are generally scheduled for an interview about three weeks later.

However, Nick Henderson, CEO of the Irish Refugee Council, warned that promptly filling in the questionnaire essentially obstructs an individual’s access to legal counsel. He further added that numerous men seeking asylum will likely face their interview while homeless. Moreover, categorising a nation as safe shifts the burden of proof onto the asylum seeker to demonstrate their homeland’s dangers, added Daly.

Why the increase in the number of “safe countries”?

The government states that this list speeds up the asylum procedure and ensures swift protection provisions for those in genuine need. But Mr Henderson suggests that expanding this list can also create the impression of proactive steps and impact, despite the system’s core issues persisting. He explained, “There continues to be a massive backlog at the IPO, no accommodation for 2,228 people, and three to four kilometres of fencing preventing people from setting up camp by the canal.”

The policy of naming safe countries grossly oversimplifies the persecution and violent struggles people endure and contravenes the 1951 Refugee Convention, according to Mr Daly. He further holds that such a decision stems from political motives.

Does the expansion of this roster have any genuine effect? The Department of Justice reports a 71% drop in asylum requests from Algeria and Botswana following their classification as “safe” nations in January 2024. However, Mr Henderson suggests that those seeking refuge from their home countries are unlikely to be consciously aware of the alterations in Ireland’s asylum regulations. He argues that An Garda Síochána’s recent intensified scrutiny of documents at aircraft doorways probably had a greater effect on arrival figures.

The increased number of international protection applications in Ireland traced back to the living conditions and geopolitical strife in countries of origin, as identified by the Economic and Social Research Institute (ESRI) in a 2022 study. The research also highlighted that this surge was not isolated to Ireland but was a phenomenon witnessed across Europe.

The report also explained that factors such as the Ukrainian crisis following the Russian invasion, post-Covid-19 compensatory migration, and refugee movement among EU states contributed to the escalated numbers.

What is the status of safe-country lists in other European nations? Over 22 EU states have agreed upon safe-country compilations in recent times, despite significant variability in the entries on these lists. Countries like Ireland, France, Luxembourg, Malta and Slovakia were pioneers in implementing these listings in the mid-2000s.

Albania, Bosnia and Herzegovina, Montenegro, North Macedonia and Serbia are the most common countries featured across Europe, while Kosovo and Georgia also appear frequently. Demands for a uniform list across the entire EU have been raised, yet several member states are against the proposal.

Written by Ireland.la Staff

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