‘They Are Not Starting From A Blank Slate’

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Further to the Supreme Court’s decision earlier today.

That the absolute ban prohibiting asylum seekers from work is unconstitutional.

And the court adjourning the matter for six months to allow the Oireachtas decide how to address the situation.

On the Human Rights In Ireland blog…

Law lecturer at University College Dublin Liam Thornton writes:

The ball is now firmly in the court of the Oireachtas. However, the Oireachtas must be reminded (contact your TD here), that they are not starting from a blank slate.

First, the Irish High Court has already ruled that maladministration in rendering of a lawful decision on a protection claim may result in damages being awarded to an asylum seeker. Therefore, whatever course of action the Oireachtas takes, lets get this right.

There has to be some focus on the ability of our quasi-judicial bodies who determine protection claims to do their work efficiently, but most importantly to be fair to asylum applicants.

Second, It would appear, that if Ireland became part of how European Union society deals with this question, then our Parliamentarians need to look no further than EU law for a solution to this constitutional protection of asylum seekers right to work.

The Recast Reception Directive (which Ireland is not bound by), provides asylum seekers a right to work should generally be granted after 9 months where a first instance decision has not been rendered on a refugee/protection claim. The McMahon Working Group on the Protection Process and Directive Provision made a recommendation  (para 5.49) that once the International Protection Act 2015 was operating efficiently, that Ireland abide by this 9-month rule.

Whatever the Oireachtas decide, this constitutional right of asylum seekers to have a freedom to enter employment must be effective, and not illusory (borrowing how the European Court of Human Rights insists on the realness of granted rights).

Asylum seekers and the right to work: The Supreme Court decision (Liam Thornton, Human Rights in Ireland blog)

Earlier: ‘Unconstitutional’

26 thoughts on “‘They Are Not Starting From A Blank Slate’

  1. Johnny Keenan

    What’s this what’s this Ireland are in breach of EU regulations. Asylum Seekers deserve to be working after 9 months and legally they do in other EU countries.
    I’m not been smart or ignorant when I say this but I’d say some Asylum Seekers that are cooped up in those direct provision centres would love a few days on the bog turning turf and making a few bob.
    Oh wait we can’t turn turf. Some EU regulations are more important than others.
    Shame Ireland Shame!

      1. Johnny Keenan

        Why not Happy. The state employed 3000 people in ESB and Bord Na Mona for 50 years.
        Communities were built all over the Midlands. We can do it again with ingenuity and forward thinking.

      1. Johnny Keenan

        Yeah I know Bertie. The past tense always makes me look backward. I’m a forward thinker. I’m sick of been a human being. I am a self professed human doing.
        OneLove
        #EndDirectProvision

        1. Yep

          Damn straight. It’s about time people realised this operation is far from genuine care or compassion and has simply become a money grab for a select few.
          #EndOneDirection

        2. Bertie "the inexplicable pleasure" Blenkinsop

          Johnny, I find your posts make more sense if I read them in a Rick from The Young Ones voice.

  2. Jocky

    The public do not want them to work. That would effectively mean open borders without visas. We see that they can already remain here for up to a decade despite repeated failed appeals.

    The housing crisis is driven already by unchecked immigration. Language school visa scammers and the rest.

    1. Yep

      Driven, not a chance. Contributing, no question….because you’re not allowed ask it.

  3. Anomanomanom

    How about just letting it be known, if you enter Ireland with no documentation or some proof of where you came from you will rot till you tell us the truth. Before someone starts the shocked fake outrage il just say this Its a fact loads of people coming in claiming refugee status purposely wont have any id and/or refuse to say where they came from.

    1. scottser

      you have no way of declaring that as fact unless you are at the frontline in some way. you should also qualify what ‘loads of people’ means.

      1. Anomanomanom

        I am not going through it all again but I explained here, probably over a year ago now, about the problem a friend of ours had.She’s from angola, living her since a child school, working&so on. But was forced, I mean forced, to return to Angola because the irish government said they cant confirm she really was her self after months in Angola we got it sorted. So basically an irish citizen was forced after over 20years living here to leave. So yes I have experienced it, it can be done.

    2. Cian

      1. What if you really don’t have any proof of where you came from? Some refugee are coming from war zones – and literally have nothing with them – they forgot to bring their passports with them.
      2. Some are children that may never have had any ID. How do they prove their identity?

      There is a line between allowing genuine refugees and economic migrants. And differentiating can be difficult. By all means we should accept the former, we need limits on the latter.

      1. Sheik Yahbouti

        Explain to me Cian, given our own history in particular, what exactly is wrong with “economic Migrants”? The UK is built on those migrants performing work that is ‘beneath’ the resident population. At the height of the boom here, every farmer and grower had no compunction in hiding Brazilian and Eastern European workers (at utterly crap wages). You take the stance that they exploit us – I am of the view that we exploit them, in their desperation.

        1. I'm "alright" Jack. Mad Jack is on annual leave.

          Well by replying he acknowledged your right to be dumb. That must be of some scant consolation to you in your predicament.

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