Current legislation “not fit for purpose” says Commission
On World Refugee Day June 20th, the Irish Human Rights and Equality Commission (‘the Commission’) have published recommendations on the review and reform of the family reunification provisions in the International Protection Act 2015.
The Commission has consistently criticised the narrowing of access to family reunification for people granted International Protection under changes to the International Protection Act 2015, which were highly regressive in nature.
In particular, holders of Temporary Protection from Ukraine enjoy more generous provisions for family reunification than beneficiaries of international protection. The Commission believes that the family reunification rights given to people from Ukraine should be given to everyone granted international protection in Ireland.
We again call on the State to urgently address the two-tier system, which has become normalised, and apply the learning from Ireland’s provision of temporary protection to Ukrainians to improve and streamline the practice and processes for all refugees seeking protection in Ireland.
Family reunification is critical for beneficiaries of international protection and we believe that our current system is not fit for purpose. The 2015 Act fails to reflect the importance of family ties, relationships and support networks, in contributing to the integration and stability of new communities, providing economic and social cohesion.
This Act effectively forces people already in the most vulnerable and isolating of circumstances to remain separated from their loved ones. It is not in keeping with international best practice which calls for states to identify and remove barriers to family reunification.
Chief Commissioner Sinéad Gibney said:
“Barriers to family reunification keep families apart and in some cases can put them at risk. For refugees and other beneficiaries of international protection living in Ireland, that can have a negative impact on psychological and emotional wellbeing, as people worry about those they left behind and miss loved ones.
We render International protection at best a mixed blessing if it means life without your family. Family reunification is core to social inclusion, as it enables those who have fled persecution to integrate into a new life here, knowing that their loves ones are safe.
When we delay or obstruct family reunification, we risk the mental and physical health of some of the most vulnerable people in our community, while making it more difficult for them to achieve a positive and fulfilling life.”
For further information, please contact:
Sarah Clarkin, IHREC Communications Manager,
01 852 9641 / 087 468 7760
Follow us on twitter @_IHREC
Noted for Editors – Recommendations include:
- That the State undertakes an independent and comprehensive review of the current statutory and policy framework on family reunification to ensure that the law and policies comply with national and international human rights and equality standards.
- That the State ensures the meaningful consultation with, and direct involvement of, international protection holders, including children, and their representative organisations, in the review of the family reunification provisions within the International Protection Act 2015; as well as in the development, implementation, monitoring, reporting, evaluation and review of the legislation, policies, practices and decisions concerning family reunification.
- That the State applies the learning from Ireland’s provision of temporary protection to Ukrainians to improve and streamline the practice and processes for refugees seeking international protection and family reunification in Ireland.
On the definition of family:
- That section 56(9) of the International Protection Act 2015 be amended to include a ‘dependent member of the family’ category, in recognition of the wider forms of family life and caring responsibilities.
- That the State develop and publish detailed guidance on assessing dependency for the purposes of family reunification under the International Protection Act 2015.
On marriage and civil / long-term partnerships:
- That section 56(9) of the International Protection Act 2015 be amended to allow individuals who have entered into a customary marriage, or those who have established long-term partnerships, to apply for family reunification.
- That section 56(9) of the International Protection Act 2015 be amended to provide that spouses and civil partners are eligible for family reunification where the marriage or civil partnership subsisted on the date of the application for family reunification.
On children:
- That section 56(9)(d) of the International Protection Act 2015 be amended to provide that a sponsor can reunite with their child who is over the age of 18 if the child is dependent on the sponsor.
- That the State ensures that a comprehensive review of the family reunification provisions within the International Protection Act 2015 includes consideration of the various barriers faced by unaccompanied and separated children to family reunification.
- That section 56(9)(c) of the International Protection Act 2015 be amended to provide that a child can apply for family reunification with a broader understanding of family members including grandparents, older siblings, older cousins and caregivers.
On the rights of programme refugees and naturalised citizens:
- That the International Protection Act 2015 be amended to clarify that the right to family reunification under the Act applies to programme refugees.
- That the International Protection Act 2015 be amended to ensure that the statutory right to family reunification applies to naturalised citizens.
On time limits for family reunification applications:
- That sections 56(8) and 57(7) of the International Protection Act 2015, which provide for the 12-month limitation within which applications for family reunification should be made, should be either repealed or amended. In the case of amendment, provision should be made to allow for an extension of time where good and sufficient reasons exist.
On appeals mechanisms:
- That an independent appeals procedure for family reunification applications be introduced or added to the existing appeals mechanisms of the State to protect the right to an effective remedy.
IHREC’s Policy Recommendations for Review and reform of the family reunification provisions in the International Protection Act 2015 are available to read in full at:
Policy Statement on the Right to Family Reunification under the International Protection Act 2015
Irish Human Rights and Equality Commission:
The Irish Human Rights and Equality Commission is an independent public body, appointed by the President and directly accountable to the Oireachtas. The Commission has a statutory remit set out under the Irish Human Rights and Equality Commission Act (2014) to protect and promote human rights and equality in Ireland, and build a culture of respect for human rights, equality and intercultural understanding in the State.
The Irish Human Rights and Equality Commission is Ireland’s national human rights institution and is recognised as such by the United Nations. The Commission is also Ireland’s national equality body for the purpose of a range of EU anti-discrimination measures.