Commission Appears before High Court on State’s Refusal to Issue Driving Licences to Asylum Seekers
The Irish Human Rights and Equality Commission (‘the Commission’) has today appeared before the High Court as amicus curiae (‘friend of the court’) in a Judicial Review challenge by two asylum seekers to a decision by the Road Safety Authority (‘RSA’) to refuse them permission to exchange their full driver licences, from their country of origin, for Irish ones. One of the two asylum seekers is a licenced truck driver. In its written submissions, published today, the Commission argued that the asylum seekers’ ‘normal residence’ was in Ireland and that, as such, they satisfied the residency requirements of the Road Traffic Regulations (Licensing of Drivers) Regulations 2006. The Commission also argued that if, as argued by the RSA, the 2006 Regulations place a requirement on asylum seekers to produce evidence of residency entitlement such as an EU passport or Irish Residency Permit, which asylum seekers are not entitled to, then the Regulations are either unconstitutional or incompatible with the European Convention on Human Rights. It is the Commission’s view that the ongoing exclusion from access to driving licenses represents a significant limitation on asylums seekers ability to seek employment. The applicants, who are a married couple, require driver licences to access the labour market, bring their child to school and access other essential services. Sinéad Gibney, Chief Commissioner of the Irish Human Rights and Equality Commission, stated:“As part of its legal submissions the Commission argued the State imposed additional discriminatory requirements on asylum seekers going beyond the normal requirements. “The Commission is using a number of its powers to challenge this administrative barrier faced by people in the International Protection system. This includes through litigation in the superior courts, through our Oireachtas engagement and at Ministerial level. “Despite commitments made by Government, asylum seekers still today cannot access driving licenses. This leaves people, often living in remote rural settings restricted with limited public transport, and their work opportunities choked off. In this case, and others like it, people have been left with no choice but to challenge this through the courts.”ENDS/ For further information, please contact: Brian Dawson, IHREC Communications Manager, 01 8589601 / 087 0697095 bdawson@ihrec.ie Follow us on twitter @_IHREC