The Irish Refugee Council (IRC) has recently been informed by the Department of Justice and Law Reform that a major review will take place of cases of asylum seekers who have been in the asylum system for approximately five years. The review will start in August and will be conducted with a view to granting leave to remain status to asylum seekers who are in RIA accommodation and who are ‘end of process’.
Please see the following points of information about the review provided by the Department:
1. In the ‘normal course of events’, asylum seekers who qualify for the review will be granted three years leave to remain.
2. ‘Generally’, in older cases which qualify, stamp 4 will be issued.
3. ‘Minor criminality’, meaning actual convictions, will disqualify asylum seekers from leave to remain under this review.
4. Where court proceedings are in process (judicial reviews, hearings before the Refugee Appeals Tribunal), they will be allowed to take their course. The review will be looking at people who have finished in the process.
5. Only in ‘extraordinary circumstances’ will the Department consider revoking a Deportation order and granting leave to remain.
6. The Department of Justice and Law Reform do not need information from asylum seekers. They will be working with the Reception and Integration Agency and will have access to their database, going through case by case in chronological order.
7. The review will apply only to applications which pre-date December 2005.
For those who have subsidiary protection claims in process, it is expected that they will have the option to withdraw the claim in order to be considered within the review.
The process will be quicker for asylum seekers if they have some form of original documentation confirming identity (e.g. national identity card), as this will facilitate the process with the issue of a residence document by the Garda National Immigration Bureau (GNIB).
The Department of Justice and Law Reform have said that they will contact the relevant people over the coming weeks.
People who think that they may be eligible for consideration in this review should contact their legal advisers to discuss their individual circumstances.
For More Details refer to: IRC Website