Written answers
Tuesday, 10 March 2015
Department of Justice and Equality
Direct Provision System
Róisín Shortall (Dublin North West, Independent)
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320. To ask the Minister for Justice and Equality if she will review the policy not to allow long-term asylum seekers the right to work, in view of the severe hardship, and dependency this imposes on this group. [10221/15]
Frances Fitzgerald (Dublin Mid West, Fine Gael)
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Section 9(4)(b) of the Refugee Act 1996 provides that applicants for international protection shall not seek or enter employment or carry on any business, trade or profession during the period before the final determination of their application.
The key concern is that both the asylum process and the wider immigration system could be undermined by giving persons who secure entry to the State, on foot of claims to asylum, the same access to employment as immigrants who follow the appropriate pre-entry route to obtain employment in the State. There is an effective immigration and visa system in place for those who wish to migrate to the State for employment purposes. Any change in current policy would need to have regard to the large number of people currently unemployed in the state.
I have previously acknowledged that the length of time that applicants spend in the protection process is a matter that needs to be addressed and the Deputy may be aware that an Independent Working Group was established in October 2014 to recommend to the Government what improvements should be made to the protection process, including direct provision and supports to asylum seekers. The Group began its work in November last under the Chairmanship of retired High Court Judge, Bryan McMahon and is due to report to Government with its recommendations by April 2015. One of the tasks of the Working Group is to identify improvements to existing arrangements for the processing of protection applications taking account of the Government's intention to legislate for a single application procedure.
With regard to protection legislation my objective is to reform the current multi-layered and sequential system which can result in applicants being accommodated in the State's system of direct provision for lengthy periods of time. The introduction of a single procedure by way of a Protection Bill will enhance our capacity to deal efficiently with international protection applications, granting protection status to those who are entitled to it and identifying more quickly persons who have no entitlement to such status and who can safely return to their country of origin. I intend to publish the General Scheme of the International Protection Bill once it has been approved by Government.
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