Proposed Immigration Laws 'Seriously Flawed'

New legislation published today aimed at clarifying and updating the immigration policy of the State is seriously flawed, according to the Migrant Rights Centre of Ireland (MRIC).

The Immigration, Residents and Protection Bill 2008 was introduced by the Minister for Justice, Equality and Law Reform Brian Lenihan.

He said the landmark bill "would enable Ireland to manage non-EU inward migration and complement existing laws governing the free movement of EU citizens".

The Minister said the legislation sets out the pathways to lawful residence very clearly so there should not be any one with an ambiguous status.

He said the legislation also includes very strong procedures for the removal of those who are not lawfully resident.

However, MRIC director Siobhán O'Donoghue has called on the Minister to include provision within the Bill for an independent appeals body for all immigration and asylum-related applications. She said: "According to the Bill the Minister has the power to summarily deport a person from Ireland without any right to appeal and that is shocking.

"The Bill also lacks adequate protections for the most vulnerable, such as those who have become undocumented through workplace exploitation and those who are victims of trafficking," she added.

However, Minister Lenihan said he can assure people that there will be fully independent protection review tribunal, but said it's very important that applications are disposed of quickly.

Mr Lenihan said a protracted application procedure can be a pull factor in encouraging large numbers of immigrants.

Denise Charlton of the Immigrant Council of Ireland (ICI) said although she welcomed the reform attempt she felt the new Bill won't reach commitments contained in the programme for Government and that the rules within it are not clear.

However, Mr Lenihan said there was provision in the Bill for meeting the Agreed Programme for Government commitments relating to immigration and asylum.

"When enacted, it will put in place transparent statutory processes for each of the phases in the immigration cycle and will facilitate, for example, the implementation of family reunification schemes as they are developed to meet the prevailing migration needs of the State.

"The clarity and transparency this Bill brings to the whole area of immigration will benefit the State as well as those who want to come to this country and possibly settle here," he added.

(VB)