Asylum Qualification Directive :2004/83/EC

national | rights, freedoms and repression | opinion/analysis

Thursday October 12, 2006 14:25

by C Murray

Or Doing the Homework.

The Council Directive known as the Asylum Qualification Directive 2004/83/EC was required to be transposed into Irish Law on the 10th October 2006.

It was. It is part of the new 'Immigration ,Residence and Protection Bill'

It is an interim measure requiring Transposition into Irish Law , which allows for the subsidiary protection of people regected by definition of refugee status but in danger of suffering serious harm if returned forcibly to their country of origin.

According to Press releases from the Department of Justice, the directive for subsidiary protection in the case of failure of application for refugee status, an applicant can apply for protection under the new directive, it is however, not retrospective.

The Department maintains that the twin agencies that form the triad for
application, definiton of status, and appeal are functioning already within the
Directive.

These agencies are:

ORAC.
RAT.
Minister For Justice, Equality and Law Reform. (who Gets the final say on applications).

The Refugee Act Of 1996, according to the Minister and Tanaiste are capably fulfilling the
requirements of the Directive.

Orac: Comprises the Offices of The Office of Refugee Application Committee.
Rat: Comprises the Refugee Appeals Tribunal.

The legislation which reduced the input of NGO's and Advocacy agencies in the
Refugee Applicant's system made a one stop shop for appeals at the Dept of
Justice.

People applying for subsidiary protections: "Apply to the Minister for Justice, Equality and Law
Reform to remain in the state for subsidiary protections, is someone who does not
qualify as a refugeebut who if returned tohis/her country of origin, would face a real risk
of suffering serious harm as defined for the purpose of the directive"

The main provisions of the Directive have been incorporated into the
Immigration, Residence and Protection Bill 2006. The directive , due to
be transposed into Irish Law was signed on October the 10th 2006.

*It forms part of the aforementioned Bill, wherein Refugees can be immeadiately
deported for traffic and minor offences.
*Wherein Asylum seekers/Refugees are going to be made carry bio-metric ID.

The very last date for the transposition of the Protection aspect of the Bill was
the 10th October. It had to be accomplished on that day.

The Civil Liberty Violations of the two remaining aspects of the Bill have not
as yet been transposed into Irish Law. It is now operative-but as stated before
it is not retrospective.