The Family Reunification Application Process for Refugees in Ireland

Transcription

1 The Family Reunification Application Process for Refugees in Ireland

2 The Refugee Information Service exists to counter social exclusion through the provision of a specialist information, referral and advocacy service to asylum-seekers and refugees

3 The Family Reunification Application Process for Refugees in Ireland Author: Louise Galvin Commissioned by: Refugee Information Service (RIS) September Refugee Information Service (RIS) 3

4 Acknowledgments The Refugee Information Service (RIS) wishes to acknowledge and thank all those who participated in the research for this report. The Family Reunification Application for Refugees in Ireland would not have been possible without the extraordinary insights and contributions made by each refugee who gave of his or her time and experience. It would also not have been possible without the dedication and professionalism of its author, Louise Galvin, who has spent much of her professional life working to ensure that the human rights of individuals and families are addressed and protected. The research was also brought to life by a number of other key individuals and representatives from organisations working in the field of immigration. Their contributions were invaluable and we acknowledge their input and expertise. They are Fiona Kirwan, Blanchardstown Citizens Information Centre; Ruth Kelly, Irish Refugee Council (IRC); David Walker, Irish Immigrant Support Centre in Cork (NASC); Alice Binchy, Tallaght Intercultural Action; Breege Keenan, the Vincentian Refugee Centre; Caroline Counihan, Doras Lumni and Catherine Cosgrave, the Immigrant Council of Ireland (ICI). The cooperation and insights offered by the staff of the Refugee Information Service including Catherine Kenny, Policy and Research Officer; Olawale Mogaji, Family Reunification and Integration Officer; Ruth O Dea, Training Officer and our Information and Advocacy Team (Ali Dennehy, Judy Irwin and Michelle Rooney) were invaluable. Thanks are also due to the UK organisations that participated in the research including the South Manchester Law Centre and the Scottish Refugee Council. We gratefully acknowledge the contributions and comments of Emilie Wiinblad Mathez, Protection Officer, the United Nations High Commissioner for Refugees (UNHCR) in Ireland and from the Office of the Refugee Applications Commissioner (ORAC). Thanks are due to our Board of Directors for their vision in relation to commencing this project. Finally, the RIS acknowledges the funding support provided by Atlantic Philanthropies (Ireland) Limited. Without this, we would not have been able to complete this important first piece of research in the area of family reunification in Ireland. The expertise and professionalism of the Absolute Graphics design team and Lucy Taylor, Editor, are also much appreciated. 4 Refugee Information Service (RIS) -

5 Message from the Chairperson This report commissioned by the Refugee Information Service (RIS) concerns the process by which people with refugee status in Ireland can apply to Government to have their family members join them. The report, The Family Reunification Application Process for Refugees in Ireland, focuses on key elements of the visa application and questionnaire procedures and how they impact on the success or otherwise of applications from people who have sought and gained the protection of the Irish State. If a person has refugee status in Ireland they must lodge their application for family reunification either with the Visa Office of the Irish Naturalisation and Immigration Service (INIS) or with the Irish Embassy in their family member s country of residence. The application is acknowledged by the Family Reunification section in the INIS and forwarded to the Office of the Refugee Applications Commissioner (ORAC) for investigation. On completion of the investigation the ORAC forwards a report back to the INIS and a further investigation is undertaken by that office. Once this process is completed the applicant is informed of the decision made on behalf of the Minister for Justice, Equality and Law Reform. In 2006, the ORAC reported having received 483 applications for family reunification and to having processed 679 applications in total. The RIS in turn, completed close to 1200 client consultations in 2006 which concerned family reunification alone. This work is a core part of the Information and Advocacy service provided by the RIS, and has therefore provided clear insights as to how the system is functioning and where the gaps and barriers to effective and transparent decision-making exist. In the experience of the RIS, which has provided services for asylum seekers, refugees and people with leave to remain in Ireland since 1999, the sustained and successful integration of people with refugee status is not feasible, unless the Government commits to implementing a fair, accessible, transparent and expeditious system. Within the context then of the appointment of a Minister for Integration, the introduction of Subsidiary Protection in late 2006 and publication of the Immigration Residence and Protection Bill by the former Minister for Justice, Equality and Law Reform, the RIS calls on Government to give careful and serious consideration to implementing the conclusions and recommendations set out in this report in order to further enhance the outcomes from the family reunification process, both for the individuals involved and the broader Irish community. Thank you to all who contributed their time and expertise towards compiling this research. Thank you also to Atlantic Philanthropies (Ireland) Limited who funded this project and report. I commend the report to you. Ben Howe Chairperson Board of the Refugee Information Service - Refugee Information Service (RIS) 5

6 Foreword I am pleased to introduce this initial research into the family reunification visa application and questionnaire process in Ireland. This report is dedicated to all those who have sought refugee status and reunification with their families. It was compiled by Louise Galvin on behalf of the Refugee Information Service (RIS) and we gratefully acknowledge her contribution. The research was completed in late 2006 and early It was commissioned by our Board of Directors in response to the very real needs identified by the people who use our services on a daily basis. The RIS was established in 1999 in response to increasing numbers of people arriving in Ireland who were seeking the protection of the State. The organisation s aims and objectives are to: Provide a specialist information, advice, advocacy, and referral service for asylum-seekers, refugees and people with leave to remain in Ireland. Support the work of statutory and non-statutory agencies that come into contact with our client groups. Provide information to individuals, the general public, the media, academia and other service providers. Raise awareness through training sessions and workshops. Counter racism by way of the dissemination of accurate information on the rights and entitlements of asylum seekers, refugees and people with leave to remain in Ireland. Develop and implement policy and research. Develop and implement initiatives that can be mainstreamed. The RIS is a national organisation with offices in Dublin and Galway. It is governed by a Board of Directors whose current membership reflects the experience and expertise of individuals from statutory and non-statutory agencies, as well as from media, immigration, finance, healthcare, strategic management and local government backgrounds. The Information and Advocacy service is provided via a network of Citizens Information Centres and our comprehensive training service is available for agencies and individuals working in the field of protection and immigration. This report highlights preliminary findings and recommendations relating to the process of family reunification. It has been completed as part of a broader programme of policy and research funded by Atlantic Philanthropies (Ireland) Limited and we are grateful for this support. The findings and recommendations in the report will be further considered and developed, through this programme, and through another of our key initiatives to be piloted this year which involves the RIS working with refugees and their reunified family members to identify and address significant issues that impact on their successful integration in this country. In completing the report, the RIS engaged with clients and other key stakeholders from statutory and non-statutory agencies. Relevant legislation also informed the report s findings. This process ensured that the most up-to-date information about the visa application and questionnaire process was considered as were gaps and barriers to an effective system. Having completed the report the RIS acknowledges that there have been positive gains made in relation to some aspects of the application process and these are set out in the report. We also acknowledge that this research does not reflect the proposed changes to the family reunification process and system as set out by Government. In this context though, we also note that there is much work yet to be done. This report aims to be informative in this process. We are grateful to all who contributed to the compilation of this report, and we look forward to further progressing its findings and recommendations. Josephine Ahern Director, Refugee Information Service 6 Refugee Information Service -

7 Contents Acknowledgments 2 Message from the Chairperson 3 Foreword 4 Executive Summary 6 1. Background 8 2. Context 8 3. Methodology 9 4. Application process Programme Refugees Immigration Residence and Protection Bill Findings Availability of information Submitting the application The Office of the Refugee Applications Commissioner (ORAC) questionnaire Time frame Prioritisation Access to government departments Comparison with United Kingdom (UK) Conclusions & recommendations Key recommendations References Glossary of terms Refugee Information Service 7

8 Executive summary This report examines the application process for refugees applying for family reunification under Section 18 of the Refugee Act 1996 (as amended). The report was commissioned by the Refugee Information Service (RIS) as the initial stage of its Family Reunification Policy and Research Programme. Through specialist information, advice and advocacy services the RIS has built up a body of knowledge and experience and is acutely aware of the obstacles that refugees face during the family reunification application process. The research sought to critically analyse the application process for refugees applying for family reunification and to set out key recommendations for the further development of the process and for the fair and efficient processing of applications. Methodology Qualitative research was undertaken in the form of semi-structured interviews and the convening of a focus group. A total of ten semi-structured interviews were held with refugees who have applied for family reunification. A focus group comprised of representatives from non-government organisations (NGOs) with considerable expertise in the area of family reunification was also convened. In addition, the research assessed the readability of the various forms used in the family reunification application process using the National Adult Literacy Agency (NALA) Plain English Guidelines. Dialogue was established with NGOs and legal practitioners in the United Kingdom with a view to making a preliminary comparison of the family reunification application process within the international context. Overview The family is identified both internationally and domestically as the fundamental unit of society entitled to protection. It is generally recognised that due to a refugee's vulnerable status and the conditions that prevent a refugee from returning to their country of origin, special consideration should be given to processing applications for family reunification. Summary of findings Availability of information: Overall, clear and comprehensive information regarding refugees right to family reunification is not easily accessible. Information provided by government departments was considered by participants to be inconsistent and refugees relied heavily on information supplied by NGOs. The sole provision of information in English was viewed as a considerable obstacle. Submitting the application: Refugees require extensive assistance completing and submitting their initial application for family reunification. The existing visa application is clearly not designed for individuals applying for long-term visas such as family reunification. An evaluation of the readability of the visa application revealed several shortcomings in language, layout and design. Additional obstacles included the visa fee, inadequate training of staff in government departments and the multiple government departments involved in processing applications. The ORAC questionnaire: Although recent developments within the Office of the Refugee Applications Commissioner (ORAC) questionnaire were welcomed, the consensus was that the questionnaires could be further developed to make them more accessible to applicants. An evaluation of the questionnaires highlighted a number of inadequacies, including the use of complicated language and poor design and layout. Further comments focused on the very real difficulties that refugees often face in obtaining documents from their country of origin. The high number of documents required was also the focus of criticism. Time frame: Respondents expressed considerable dissatisfaction at the length of time family reunification applications take to process. The unpredictable and unacceptable timeframes involved are the cause of undue stress and anxiety. The lengthiest delays were attributed to the final stage of the process when applications are returned to the Irish Naturalisation and Immigration Service (INIS) for a decision. Prioritisation: Concern was expressed regarding the absence of a system of prioritisation particularly with regard to cases involving children and family members who are sick or who have other compelling reasons to have access to the comfort of their families. Any system of prioritisation though would have to be carefully thought through so that people are not disadvantaged because their family members may not fit these particular criteria. Access to the Irish Naturalisation and Immigration Service (INIS): The participants experience indicated that the ORAC is receptive to queries regarding family reunification applications and in general provides a satisfactory response. However, establishing contact with the INIS was described as extremely difficult. 8 Refugee Information Service (RIS) -

9 International comparisons: Under the Immigration Rules 1 the spouse, civil partner, unmarried or same-sex partner and minor child of a refugee in the UK is entitled to apply for family reunion. Refugees can apply for other dependent relatives on compelling and compassionate grounds. The broader definition of 'parent' and recognition of de facto adoptions in the UK is a considerable advantage. Summary of recommendations 1. A clear, comprehensive and coordinated information service regarding family reunification for refugees should be made available at government level. 2. Information in plain languages should be easily accessible from government departments in the major refugee languages. 3. Applications for family reunification should be lodged directly at the Office of the Refugee Applications Commissioner (ORAC). 4. A successful application for family reunification should automatically lead to the granting of a visa for those family members. 5. A customised visa application form specific to family reunification should be introduced. A userfriendly application form should be accompanied by comprehensive guidelines and a checklist of required documents. 6. The visa fee for refugees applying for family reunification should be waived. 7. The ORAC family reunification questionnaires should be re-designed to improve their readability. The questionnaires should be written in plain language with the user group in mind. 8. Access to government departments involved in the processing of family reunification applications should be improved. Government departments should be committed to respond to all forms of correspondence within target timeframes. Staff should be adequately trained and committed to the provision of customer focused helplines and services. 9. Applications for family reunification should be processed in a reasonable time frame. They should be processed to completion within a period of six months from the time the application is lodged. 10. A system of prioritisation should be established, especially where there is a consideration in relation to children the visa application process should be fast tracked and adhere to Ireland s obligations under the UN Convention on the Rights of the Child. 11. Refugees applying for family reunification should have access to free legal advice and representation throughout the process. 12. The definition of family members for the purpose of family reunification should be broadened to include the unmarried or same sex partner of a refugee. The definition of family member should also accommodate the cultural and legal definitions of family, common in other cultures. 13. Ireland s obligations under human rights law, in particular the principle of family unity and the best interests of the child, should guide all decisions made in relation to family reunification. Such decisions ought to be subject to law and public scrutiny and not fall within the remit of policy making. 1 Immigration rules lay down the practice to be followed in the administration of the Immigration Acts 1971 & 1998, the Asylum & Immigration Appeals Act 1993 and the Asylum & Immigration Act Refugee Information Service (RIS) 9

10 1. Background This research was undertaken on behalf of the Refugee Information Service (RIS). Its purpose is to critically analyse the application process for refugees applying for family reunification under Section 18 of the Refugee Act 1996 (as amended) 2. Through specialist information, advice and advocacy services the RIS assists a considerable number of refugees applying for their family members to join them in Ireland. The RIS has developed an expertise in the area of family reunification as a result of its work with refugee clients, non-government organisations (NGOs) and government departments with responsibility for protection, residence and immigration. Owing to its experience, the RIS has built up a body of specialist knowledge in this area and is acutely aware of the obstacles refugees face during the family reunification application process. The RIS recognises that an important component in the sustained settlement of a refugee in Ireland is the presence of their family. The research evaluates the family reunification application process and sets out key findings and recommendations for its further development. 2. Context Although the 1951 Convention relating to the Status of Refugees does not specifically refer to the principle of family unity, the Final Act of the Conference of Plenipotentiaries, which adopted the Convention recommended that governments take the necessary measures to ensure that the unity of the refugee s family is maintained. The United Nations High Commissioner for Refugees (UNHCR) Handbook on Procedures and Criteria for Determining Refugee Status and a number of UNHCR Executive Committee Conclusions also reaffirm the importance of family unity for refugees 3. The Universal Declaration on Human Rights defines the family as the natural and fundamental group unit of society, entitled to protection by society and state 4. This concept of family unity is endorsed by a number of International and European legal instruments 5. The European Convention on Human Rights declares that Everyone has the right to respect for his private and family life, his home and correspondence. 6 Similarly, the importance of the family unit is reflected in the Irish Constitution, which recognises the family as the natural primary and fundamental unit group of society 7. In Article 41(2) of the Irish Constitution the State undertakes to protect the family as the necessary basis of social order and as indispensable to the Welfare of the Nation and the State. 8 The European Council on Refugees and Exiles (ECRE) 9 proposes that the principle of family unity should be the central focus of applications for family reunification. It is generally recognised that due to a refugee s vulnerable status and the conditions which prevent them from returning to their country of origin, special consideration should be given to the processing of their applications for family reunification. Although Ireland has opted out of the European Directive on the right to family reunification, the EU Directive recognises that more favourable conditions should be laid down for the exercise of a refugee s right to family reunification. 10 Furthermore the United Nations Convention on the Rights of the Child 11 identifies children as a priority in terms of family reunification. Article 10 of the Convention states: applications by a child or his or her parents to enter or leave a State Party for the purpose of family reunification shall be dealt with by State Parties in a positive, humane and expeditious manner. In the same way the ECRE supports the position that children should be considered as a priority in view of the potential harm caused by long periods of separation from their parents. Therefore the ECRE proposes that applications for family reunification from separated children in countries of asylum should be prioritised 12. In Ireland persons who have been recognised as refugees can apply for family reunification to the Minister for Justice, Equality & Law Reform under Section 18 of the Refugee Act 1996 (as amended). Figures from the Family Reunification Section of the 2 Refugee Act 1996 (as amended). 3 UNHCR Handbook on Procedures and Criteria for Determining Refugee Status, Chapter VI, para UNHCR Executive Committee (EXCOM) Conclusions Nos 1,9,24,84,85,88.) The 1951 convention relating to the Status of Refugees, at Article 35, obliges States Parties to co-operate with UNHCR in its duty of supervising the application of the provisions of the Convention Universal Declaration of Human Rights Article 16(3). 5 International Covenant on Economic, Social and Cultural Rights, 1966 Article 10, & International Covenant on Civil and Political Rights 1966, Article European Convention on Human Rights, 1950, Article 8. 7 Article 41 (1) Irish Constitution Article 41 (2) Irish Constitution ECRE, Position on Refugee Family Reunification July Council Directive 2003/86/EC available at 11 United Nations Convention of the Rights of the Child, Supra note Refugee Information Service (RIS) -

11 Office of the Refugee Applications Commissioner (ORAC) show that in 2006 the ORAC received 483 applications, which included 1159 dependents. Six hundred and seventy nine were forwarded to the Family Reunification Section of the Irish Naturalisation and Immigration Service (INIS) for a decision in Family reunification is consistently the dominant query for the Refugee Information Service (RIS). In 2006, clients with queries regarding family reunification and requiring on-going support and assistance with applications comprised the top query type. At the time of writing this report, RIS figures indicated that in 2006, there were close to 1200 client consultations about family reunification alone. Family reunification is therefore persistently the most common query and case type across the RIS information services. 3. Methodology Qualitative research was undertaken for this report in the form of semi-structured interviews and the convening of a focus group. The research took place in Dublin and Galway. A total of 10 semi-structured interviews were held with refugees who have applied for family reunification. The participants interviewed were at various stages of the application process and had applied for reunification with direct family members such as a spouse and children under eighteen 14 and dependent family members 15. The purpose of the interviews was to gain insights into refugees experiences of the process. A focus group with representatives from NGOs, who work closely with refugees during the application process, and the Citizens Information Service was also convened. The organisations represented in the focus group have significant experience in this field. The objective of the focus group was to evaluate the application process and to explore how it and the relevant forms could be improved upon or further developed. Due to the limited nature of this report however, it was not possible to consult with all of the organisations that assist refugees with their applications for family reunification. The research assessed the readability of the various forms used in the family reunification application process. The National Adult Literacy Agency (NALA) defines Plain English as a style of writing and layout that the intended reader can understand after a single reading 16. NALA promotes the use of Plain English and uses the Plain English Quality Mark to reward organisations that use clear language and design in their documents 17. The NALA Plain English Guidelines and Checklist for Documents were used to evaluate the readability of the visa application form and The Office of the Refugee Applications Commissioner (ORAC) questionnaires 18. At the time of writing this report, the ORAC questionnaires and visa form analysed, were the most up to date. The ORAC has also advised that it intends to review the questionnaire in 2007 in consultation with its customer service liaison panel and that it will be Plain English proofed at that stage 19. Dialogue was established with NGOs and legal practitioners in the United Kingdom (UK) in order to compare the family reunification application process in an international context. Legal practitioners or organisations regulated by the Office of the Immigration Services Commissioner (OISC) 20 assist refugees in the UK with their family reunification applications. Through this research it became apparent that a limited number of NGOs and legal practitioners in the UK specialise in family reunion for refugees and it was therefore difficult to access information about the process. As this research is the initial stage in the RIS family reunification policy and research programme, a modest number of participants were included. The aim of this study was to identify the issues surrounding the family reunification application process for refugees and to form the foundation for further research. Therefore the research only examined the initial stages of the application process and does not address the later stages in any in-depth way Section 18 (3)(b) Refugee Act 1996 (as amended). 15 Section 18 (4)(b) Refugee Act 1996 (as amended) Correspondence from ORAC to the Refugee Information Service, 26th April Checklist for NALA Plain English Mark available at 20 The OISC in an independent public body set up under the Immigration and Asylum Act The OISC is responsible for ensuring that immigration advisers fulfil the requirements of good practice. - Refugee Information Service (RIS) 11

12 4. Application process Persons who have been recognised as refugees in Ireland are entitled to apply to the Minister for Justice, Equality & Law Reform to have direct family members join them in the State. This includes the spouse of the refugee, unmarried children under 18 and, if the refugee is a minor, his or her parents. In addition the Minister may at his or her discretion permit reunification of refugees with 'dependent' family members. A dependent family member may include a grandparent, parent, brother, sister, child, grandchild, ward or guardian of the refugee who the Minister determines is dependent on the refugee or is suffering from a mental or physical disability to such an extent that it is not reasonable for him or her to maintain himself or herself fully 21. A refugee applying for family reunification submits a visa application for their family member, a letter of application and various supporting documents to the Visa Office at the Irish Naturalisation and Immigration Service (INIS). If there is an Irish embassy in the country of residence of the relevant family member, the application must be made to that embassy. The Irish Embassy will then forward the application to the INIS. Visa reference numbers are usually issued to the applicant at this stage. If the family member is already in the State, a letter of application is submitted directly to the Family Reunification Section of the INIS. The Family Reunification Section lodges the application, sends a letter of acknowledgement to the refugee and forwards the application to The Office of the Refugee Applications Commissioner (ORAC) for investigation. In order to facilitate their investigation, the ORAC sends the refugee a questionnaire to complete. The ORAC may then write to the applicant requiring additional information and documentation. When the ORAC has completed its investigation, a report is forwarded to the Family Reunification Section of the INIS, which considers the application and notifies the applicant of the decision. 5. Programme refugees The RIS notes that there is no statutory right to family reunification for programme refugees 22 although in practice such applications are dealt with in accordance with Section 18 of the Refugee Act, 1996 (as amended) 23. These applications are also only processed by the Family Reunification Section of the INIS and are not forwarded to The Office of the Refugee Applications Commissioner (ORAC) for investigation. The State currently has a resettlement quota of 200 persons per annum under this programme Immigration Residence and Protection Bill Under the Immigration, Residence and Protection Bill published by the former Minister for Justice, Equality and Law Reform, it is proposed that the Refugee Act 1996 (as amended) will be repealed. Section 49 of the Bill makes provision for family reunification applications 25. The Bill proposes a definition of member of the family in accordance with the existing definition as set out in the Refugee Act 1996 (as amended). However, the direct references to the Minister referring an application for family reunification to the Commissioner (ORAC) and the Commissioner's submission of a report in writing to the Minister as per Section 18 (1) and (2) of the Refugee Act 1996 (as amended) are omitted 26. Under section 49 (3) of the Immigration, Residence and Protection Bill the Minister shall investigate or cause to be investigated an application. It would appear from the Bill, as published at that time, that there will not be a statutorily independent body examining family reunification applications as ORAC currently does when the new law is implemented. This would imply that significant modifications will be made to the family reunification application process for refugees Section 18 Refugee Act 1996 (as amended). 22 A programme refugee is a person invited to Ireland as part of a government programme at the request of the United Nations High Commissioner for Refugees (UNHCR). Under Section 24 of the Refugee Act 1996 a programme refugee is defined as a person to whom leave to enter and remain in the State for temporary protection or resettlement as part of a group of persons has been given by the Government and whose name is entered in a register established and maintained by the Minister of Foreign Affairs A02CF/vWeb/pcKUSQ6D6L-57-en. 25 Immigration, Residence and Protection Bill, 27th April Section 18 Refugee Act 1996 (as amended). 27 Supra note Refugee Information Service (RIS) -

13 Family member outside of State Application submitted at Irish Embassy or at Visa Office, INIS Family member in State Application submitted at Family Reunification Section, INIS Family Reunification Section, INIS Acknowledge application and forward to Office of Refugee Applications Commissioner Investigate application Questionnaire sent to applicant Report is written and sent to the INIS Family Reunification Section, INIS Decision made Notify applicant The INIS notifies Visa Office/Irish Embassy The INIS notifies Applicant 7. Findings 7.1 Availability of information In general, respondents stated that clear and comprehensive information regarding a refugee s right to family reunification was not easily accessible. Although a refugee receives information regarding their right to family reunification with the letter granting them refugee status, this information is in the legal language of the Refugee Act. A high proficiency in English is required to understand the information given, which is limited to the refugee s right to family reunification. Information supplied at this stage does not address how to apply for family reunification. A number of refugee respondents cited that they were made aware of their right to family reunification through the refugee declaration letter. However each had also accessed further information regarding family reunification in a comprehensible format either informally from associates or had approached an NGO or information service. It was noted that there is a family reunification information leaflet available from the Department of Justice, Equality & Law Reform or via their website 28. However respondents felt that the website was difficult to navigate and was not user-friendly. Additionally, it was noted that the visa application form can be downloaded from the Department of Foreign Affairs website while visa information is available from the Department of Justice, Equality & Law Reform website. This is confusing for the applicant and makes accessing information unnecessarily complicated. Since undertaking this research the link between the two websites has been established. Information on the family reunification process is also available on the ORAC website. There is, however, no coordinated approach to the provision of such information overall. Currently, information regarding family reunification is only available from government departments in English. Respondents consistently referred to this as a serious obstacle for refugees, many of whom have a low proficiency in the English language. Access to English language classes for asylum seekers is limited. In many cases the refugee applicant has only just begun their English language training at the time they lodge their application for family reunification and 28 See Refugee Information Service (RIS) 13

14 are unable to digest information provided in English. It was recommended that comprehensive information should be made available in a range of the main languages common to the refugee community. 7.2 Submitting the application The experience of the various NGOs that contributed to the research was that refugees require a great deal of assistance completing and submitting their initial application for family reunification. Refugee respondents, the majority of whom had the assistance of an NGO, corroborated this. Assistance ranged from filling out the required visa application and writing the letter of application to compiling the necessary documentation. Assisting with the initial submission of an application was purported to be particularly time consuming for organisations that specialise in family reunification, with applicants often requiring more than one consultation. Visa application The existing visa application is clearly not designed for individuals applying for long-term visas such as family reunification. Overall, respondents criticised the general nature of the visa application, stating that the application was more applicable to a short term or visitor visa. One refugee respondent stated the visa form does not relate to refugees bringing their families. I think it is for people coming on holidays I really think it is not for refugees applying for family reunification. An evaluation of the visa form highlighted the following obstacles for an applicant: Structure & design No clear instructions set out at the beginning of the visa application. Small font size makes the application difficult to read. Poor spacing; insufficient space for answers. No part on the application to indicate type of visa applied for, for example family reunification. No checklist of required documents. No clear headings, which can lead to confusion regarding who the information is required of. Irrelevance of questions in relation to family reunification visa applications, such as question number 20: date you propose to leave Ireland? In the case of family reunification it is not clear if the refugee is supposed to sign the application. No indication where to send the visa application. Language Use of language such as surname and forename inconsistent with terms used by the Office of the Refugee Applications Commissioner (ORAC). No explanation of terms which many cultures are not familiar with such as maiden name. In addition, the majority of those interviewed referred to the visa fee of 60 per application as an obstacle for refugees when applying for family reunification. Several respondents referred to having to save or borrow the money for the visa 14 Refugee Information Service (RIS) -

15 fee. One respondent who had applied for reunification with six family members referred to having to use her limited Social Welfare allowance in order to raise the 360 required. In many cases obtaining the visa fee delayed the refugee from submitting their application. The majority of those interviewed thought that in the case of refugees applying for family reunification the visa fee should be waived. Respondents had also experienced applications for family reunification being incorrectly processed, particularly if they had been lodged at an Irish Embassy. It was felt among some of those interviewed from NGOs that there was insufficient training of staff in the Visa Office and Irish Embassies. One NGO staff member referred to examples of Clerical Officers in the Visa Office being unfamiliar with a refugee s right to family reunification and the family reunification application process itself. Insufficient training of staff was also cited as an obstacle when contacting the Visa Office regarding family reunification visa applications. In addition, NGO respondents felt that staff at the Irish Embassies were unfamiliar with long-term visas such as family reunification. This lack of training was believed to be the cause of unnecessary administrative errors and delays. Furthermore, due to the multiple government departments involved in the application process, it can be confusing for a refugee to know where to lodge their application for family reunification. It was the view of several respondents that there should be one department that deals with applications for family reunification. Respondents were critical of the length of time it can take for applications to be sent from one department to another. One NGO staff member referred to an incident where it took up to four months for an application to be sent from the Visa Office to the Family Reunification section in the INIS. 7.3 The Office of the Refugee Applications Commissioner (ORAC) Questionnaire Recent developments of the ORAC questionnaire were acknowledged and welcomed by those who participated in the focus group. However, the majority of participants in the research felt that the questionnaire could be further developed to make it more accessible to applicants. According to the NGOs that participated, refugees require assistance understanding the questions posed. In most cases staff or volunteers from NGOs complete the questionnaire on behalf of the applicant. One refugee respondent stated: The English that they use is very difficult, it's official English, not Plain or easy English. Another respondent said, the questions are not clear and not easy. The majority of refugees who participated in the research shared this opinion. Evaluation of the ORAC questionnaires highlighted the following obstacles for applicants: Design & layout Poor spacing throughout the questionnaire, and insufficient space for answers. Examples of poor spacing include the tables on Your own Children under 18 years and Other Dependent Family Members questionnaires. Duplication of information required, which often leads to confusion, examples of which are questions 2 and 5 in relation to Other Dependent Family Members. Unclear use of numbering, for example Question 1 on Your Spouse questionnaire has 16 subsections, 3 of which are further divided into subsections 1.(n).(iv). - Refugee Information Service (RIS) 15

16 Language Lack of explanation of specialised terms such as ward and guardian. Use of unexplained acronyms such as NGO. Use of French and Latin phrases such as etc., i.e. and e.g. No explanation of the different types of marriage listed. All those who participated expressed difficulty understanding questions number 11 & 12 on the refugee details form regarding the refugee s marital status. Most respondents were of the opinion that the meaning of dependency requires more explanation and needs to be broadened. As one NGO staff member commented: The definition of dependency is too narrow, it s only financial. Furthermore, as one refugee whose application for reunification with dependent family members had recently been refused explained: The way we understand dependents in our culture is that they are people who you raised. You were like their parents you look after them and support them. A particular concern among refugees interviewed was the list of documents required in support of their family reunification application. Refugee applicants expressed difficulties obtaining documents from their country of origin and were concerned about the delay this added to the processing of their application. For example, although ORAC facilitate people to obtain documentation in support of their application by allowing extra time, in reality a large number of refugee applicants are not ever able to provide sufficient documentation, particularly if they are from war-torn countries. At present, although there are various documents listed on the Department of Justice, Equality and Law Reform information leaflet there is no comprehensive list of required documents provided at the outset of the application process. The NGOs acknowledged the need for a balance between government having to adhere to process when determining applications and the need for a greater understanding of the realities that refugees face when trying to access documents from their home countries. While NGOs understood the need for government departments to request documentation to verify the relationship between the refugee concerned and the subject of the application, they also expressed concern regarding the number and the relevance of some of the documents required, such as children s school reports. Furthermore, respondents were critical of the request to submit original documents such as a family member s ration card or national ID card. Both of these original documents are required to be kept in the possession of the cardholder by the authorities in their country of origin, effectively placing the applicant and family member in an extremely difficult position. Overall, participants felt that if questionnaires were better designed, there would be no need for the number of follow up questions currently sent to refugee applicants. The experience of most of the participants was that the follow up questions were repetitive and largely requested information previously supplied in the questionnaires. 7.4 Time frame An overwhelming majority of respondents expressed their dissatisfaction with the length of time family reunification applications take to process. Respondents expressed their frustration at the unpredictable and unacceptable time frame involved. Many refugees have been separated from family members for lengthy periods while in the asylum process. Going through a very long process in order to be reunited with family causes a great deal of stress, commented an NGO staff member. Several respondents referred to the stress and anxiety induced as a result of waiting. Many refugees have families in vulnerable and precarious situations. One refugee respondent explained, I am here four years, I miss my family and children, if anything should happen at home I can t go home. No-one wants to stay away from family. 16 Refugee Information Service (RIS) -

17 Refugees expressed how difficult it is being in Ireland without their family and the anxiety that waiting induces. Refugee participants related how they are unable to settle without their family, how they are in limbo, waiting. Several also expressed frustration at the administrative delays: It s very difficult knowing that you have the right to have your family to be with you but you can't have them because the thing (application process) takes too long. The Office of the Refugee Applications Commissioner (ORAC) have advised that their investigation of an application takes two and a half months to complete. According to ORAC 29 it should be noted that a certain amount of this time is required to facilitate the applicant in completing and returning the questionnaire. The ORAC also advises that if more information is needed further time is given to an applicant to respond and that the two and a half months time frame means in effect that ORAC is working on a current basis. In general respondents considered the ORAC to be reasonably efficient in their investigation of applications. Participants attributed the lengthiest delays to the final stage of the application process whereby the application has been returned to the Family Reunification section (INIS) for consideration. For example, respondents reported waiting for periods of at least 12 months for a decision to be reached. 7.5 Prioritisation At present, applications for family reunification are dealt with in chronological order. The absence of a system of prioritisation was raised as a source of concern to several participants. Refugees expressed concern regarding children who were in particularly vulnerable situations, or where their children's carer was ill or elderly. This was reiterated by representatives from NGOs who advocated a system of prioritisation in cases where it is in the best interests of the child. It was also recommended that applications regarding family members in crisis situations be fast tracked. Several participants referred to the need to prioritise applications where family members were living in extremely vulnerable situations outside of the State. 7.6 Access to government departments Participants in the research acknowledged that the ORAC are more receptive to queries from both refugee applicants and from organisations representing refugee applicants. It was the experience of participants that the ORAC acknowledge correspondence, inform the applicant when they have finished their investigation and receive phone calls. Establishing contact with the INIS was referred to as impossible, very difficult, extremely difficult and inaccessible. One refugee explained her frustration at trying to get through on the helpline, It s frustrating, sometimes you find out that you have 10 credit in your mobile but by the time you have finished trying to get through your credit would be finished. Furthermore, several respondents expressed dissatisfaction at the failure of the Family Reunification Section in INIS to acknowledge or answer written correspondence. Respondents cited incidents where they had written several letters and still received no response. 7.7 Comparison with United Kingdom (UK) Family reunion in the UK is governed by the Immigration Rules 30 and policy. Under the Immigration Rules, the spouse, civil partner, unmarried or same-sex partner and minor child of a refugee is eligible to apply for family reunion 31. It is important to note that the definition of parent in the Immigration Rules 32 is not exhaustive which is pertinent for refugees applying for their minor children. A 'parent' includes the stepfather and stepmother of a child where the mother 29 Correspondence from ORAC to the Refugee Information Service, 26th April Immigration rules lay down the practice to be followed in the administration of the Immigration Acts 1971 & 1988, the Asylum & Immigration Appeals Act 1993 and Asylum & Immigration Act Immigration and Nationality Directorate paragraphs 352A & 352AA available at 32 Immigration and Nationality Directorate available at Refugee Information Service (RIS) 17

18 or father is deceased. In addition when considering applications for an adopted child of a refugee, recognition is given to de facto adoptions. This is where a child has been adopted in fact but the legal process has not yet been completed. Refugees can also apply for other dependent family relatives if there are compelling and compassionate grounds. Refugees in the UK are entitled to free legal help. This covers both the lodging of the initial application and where relevant, costs associated with an appeal. Legal practitioners or organisations that are regulated by the Office of the Immigration Services Commissioner (OISC) 33 assist refugees with their applications. Applications for family reunification outside the UK are lodged by the family member at the UK Embassy in their country of residence. There is no fee and applications are usually determined by the Embassy. Where an application is refused, the applicant is entitled to an appeal. In the UK a spouse, civil partner, unmarried or same-sex partner accompanying an applicant for asylum may be included in their application for asylum as a dependent 34. In most instances the spouse and children of a person who is recognised as a refugee and resident in the UK are granted derivative status; that is that they are recognised in line with the refugee. Therefore no application for family reunification is required. The experience of the Scottish Refugee Council is that applications take approximately nine to 12 months. 8. Conclusions & Recommendations It is apparent from the research conducted that refugees applying for family reunification in Ireland face numerous obstacles. The lack of clear and comprehensible information regarding family reunification at government level is a set-back for many refugees. In addition, current information supplied by the Department of Justice, Equality and Law Reform/INIS is available only in English. Since a large number of refugees apply for family reunification directly upon being granted refugee status, many will not have been in a position to settle down enough to avail of English language classes. Combined with the reduced asylum processing times, this means that many refugees have a low proficiency in the English language at the time of submitting their applications for family reunification, and this takes place within the context of refugees being distanced from and unable to access appropriate levels and types of information. As a result, it can be extremely difficult for many refugees to access even basic information. It is evident that the involvement of several government agencies in the processing of family reunification applications has given rise to a cumbersome process. Refugees attempting to access information regarding their application face many barriers. In the first instance it can be difficult for the refugee to ascertain the stage and the location of their application. This is exacerbated by the difficulties refugees and organisations encounter when trying to contact government departments. Overall, participants found it easier to contact the ORAC than the Family Reunification Section in the INIS and were satisfied with the response of the ORAC. The importance of qualified personnel in the processing of applications for family reunification is highlighted by the European Council on Refugees and Exiles (ECRE). The ECRE refer to the need for personnel to possess knowledge and experience in refugee matters to enable them to comprehend the facts and circumstances concerning family reunification applications 35. It is apparent from the research findings that a lack of staff training in government departments accentuates the difficulties refugees encounter during the application process. Participants experiences were consistent with the findings of the INIS Report on Review of Asylum and Immigration which found that it is extremely difficult to access the helpline and a consistent answer is not always obtained 36. The report s recommendation to develop a strong client-centred culture in the INIS is welcomed 37. Although recent improvements of the ORAC questionnaires were recognised, the research revealed a number of shortcomings of the visa application and questionnaires currently in use. These included poor layout and design and the 33 The OISC in an independent public body set up under the Immigration and Asylum Act The OISC is responsible for ensuring that immigration advisers fulfil the requirements of good practice. 34 Immigration and Nationality Directorate paragraph 349 available at 35 ECRE, Position on Refugee Family Reunification July INIS Report on Review of Asylum and Immigration September 2006 pg 74 available at 37 Ibid pg Refugee Information Service (RIS) -

19 use of ambiguous and sometimes complicated language. Hence the forms involved do not adequately consider the needs of the applicants completing them and could be further developed to do so. A strong emphasis was placed on the time frame involved in processing applications for family reunification. Other international bodies such as ECRE recommended that applications take place with the least possible delay and within a period of six months from the time the application is made 38. The research revealed a lengthy application process with applications taking in excess of 12 months and this does not account for the time taken for a final decision to be reached. Much of this delay was attributed to administrative processes that could be improved, thus reducing the processing time considerably. The forwarding of applications back and forth between government departments appeared to be unnecessarily cumbersome and time-consuming. Furthermore, it was perceived that certain departments were more efficient than others. The ORAC has advised that their investigation of an application takes two and a half months to complete. Although participants did not expressly verify this, it was their experience that the lengthiest administrative delays occurred at the final stage of the process, when the application was with the INIS awaiting a decision. Furthermore, the lack of a system of prioritisation was criticised, particularly in light of the long time frame associated with family reunification applications. A process where applications regarding family members in extremely vulnerable situations outside of the State could be fast-tracked was proposed. Specific reference was given to the situation of children. The Convention on the Rights of the Child identifies children as a priority in terms of family reunification in light of the potential harm caused by long periods of separation from their parents 39. Currently separated children who are granted refugee status are entitled to family reunification with their parents but not their siblings. This does not promote family unity and in many cases could result in the break-up of families. In addition, the recent Irish Refugee Council report 40 on separated children highlights the importance of creating the opportunity for children to be reunited with a family member which whom emotional dependency can be established in cases where it is particularly difficult to be reunited with their parents. The interpretation of dependency with regards to dependent family members outside of those suffering from a mental or physical disability appears to be limited to financial dependency 41. Considerable pressure is placed on the refugee to prove financial dependency when applying for reunification with a dependent family member. This is particularly restrictive in the case of separated children applying for dependent family members as they are usually in full time education and without a source of income. Little consideration is given to broader definitions of dependency, which may include family members who are dependent upon the refugee for economic, social and emotional reasons. It is interesting to note the broader definition of family members under the UK Immigration Rules 42. In the UK, refugees may apply for their spouse or civil partner including unmarried or same sex partners. In the case of the death of a parent, stepfathers and stepmothers are recognised as parents giving them an entitlement to family reunification for their stepchildren. Stepchildren of refugees in Ireland are categorised as dependent family members and thus evidence of dependency has to be provided. Furthermore, the UK recognition of de facto adoptions takes into account the various care arrangements common in other cultures and shows an understanding of the practices of other cultures and the exigencies of war and conflict crisis situations. In comparison, the definition of direct family members in the Refugee Act is narrow and restricted to the nuclear family. This limited definition of the family is also proposed in the Immigration, Residence and Protection Bill, as discussed. This is inconsistent with the changing definition of family in wider society and fails to take into account the legal and cultural understanding of the family in other cultures. A further source of concern is that it appears from the Bill that a number of substantive issues such as family reunification may be dealt with by immigration policy statements rather than by way of primary legislation. This is an unsatisfactory way of dealing with an issue such as family reunification, which is so important to an individual and the family s health and wellbeing. Family reunification should be dealt with in primary legislation which is open to public scrutiny and not left to the vagaries of policy making. 38 ECRE Position on Family Reunification, July United Nations Convention of the Rights of the Child, Irish Refugee Council Making Separated Children Visible The need for a child centred approach Section 18, Refugee Act 1996 (as amended). 42 Immigration and Nationality Directorate 43 Refugee Act, 1996 (as amended) - Refugee Information Service (RIS) 19

20 An obvious advantage of the UK system is that refugees are entitled to access free legal help. Legal practitioners or organisations regulated by the OISC assist refugees with their applications for family reunion. The absence of free legal aid for refugees applying for family reunification in Ireland is a considerable disadvantage. However, it would appear that information regarding family reunification is more commonly available in Ireland. A further advantage of the Irish system is the ability to lodge applications for family reunification directly at the Visa Office in Dublin. Due to the potential difficulties family members may have in accessing Irish Embassies in their country of origin or residence, this is particularly advantageous. 8.1 Key recommendations The following recommendations are set out for the development of the family reunification application process to ensure the fair and efficient processing of applications: 1. Clear and comprehensive information regarding family reunification for refugees should be made available at government level. Information in plain language on both the right to family reunification and the application process should be made available to the refugee at the time they receive their refugee status. Information on family reunification should be easily accessible from government departments, on government websites and through other sources of public information. Information on family reunification should be made available in other major refugee languages. 2. Applications for family reunification should be lodged directly at the Office of the Refugee Applications Commissioner. 3. A successful application for family reunification should automatically lead to the grant of a visa for those family members. 4. A customised visa application form specific to family reunification should be introduced: There should be a consultative process with refugee applicants during the development of the family reunification visa application to ensure it is user-friendly. The consultative process should take account of the diversity of the applicant group, specifically in relation to gender, age and cultural background. Comprehensive guidelines should accompany the visa application. A checklist of required documents should accompany the visa application. The visa application should be tested for the National Adult Literacy Agency (NALA) Plain English Quality Mark. 5. The visa fee for refugees applying for family reunification should be waived. 6. The ORAC family reunification questionnaires should be re-designed to improve their readability: The ORAC questionnaires should be written in plain language, with the user group in mind. Plain language explanations should accompany any legal definition or specialised definitions. The questionnaires should undergo user testing to ensure that they are easily readable and understood. 20 Refugee Information Service (RIS) -

21 The ORAC questionnaires should be tested for the NALA Plain English Quality Mark. In the interim, short-term solutions should be applied to the ORAC family reunification questionnaires. These should include improvements such as better spacing, the explanation of specialised terms, elimination of unexplained acronyms and all other forms of ambiguities including French and Latin phrases such as etc., i.e. and e.g. 7. Access to the government departments involved in the processing of family reunification applications should be improved: Government departments should be committed to responding to all forms of correspondence and target response times should be introduced. Staff in government departments should be adequately trained. All government departments concerned with the processing of applications should implement customer focused helplines including 1800 numbers which provide free access to information services. 8. Applications for family reunification should be processed in a reasonable timeframe: Applications for family reunification should be processed to completion within a period of six months from the time the application is made. Unnecessary administrative bottlenecks and bureaucracy should be eliminated. 9. A system of prioritisation should be established: Applications for family members who are in extremely vulnerable circumstances should be fast-tracked. These should include families in conflict situations. Special consideration should be given to applications from separated children. 10. Refugees applying for family reunification should have access to free legal advice and representation throughout the application process. 11. The definition of family member for the purpose of family reunification should be broadened to reflect the changing definition of family in wider society: The definition of family member should be broadened to include the unmarried or same-sex partner of a refugee. The definition of family member should accommodate a range of various family structures and particular circumstances, including the reality of the experiences of refugees coming from other cultures and from areas of war and conflict. The definition of marriage for the purposes of family reunification should also be clarified. 12. Ireland s obligations under human rights law, in particular the principal of family unity and the best interests of the child, should guide all decisions made in relation to family reunification. - Refugee Information Service 21

22 9. References Refugee Act, 1996 (as amended by the Immigration Act 1999 and the Illegal Immigrants (Trafficking) Act 2000) Universal Declaration of Human Rights, 1948 International Covenant on Economic, Social and Cultural Rights, 1966 International Covenant on Civil and Political Rights, 1966 European Convention of Human Rights (ECHR) Act, 1950 Irish Constitution, 1937 United Nations Convention on Rights of the Child, 1989 European Council on Refugees and Exiles (ECRE) Position on Refugee Family Reunification July Council Directive 2003/86/EC The National Adult Literacy Agency (NALA) Plain English Guidelines Immigration and Nationality Directorate, Irish Naturalisation and Immigration Service Report on Review of Asylum and Immigration September Irish Refugee Council Making Separated Children Visible - The need for a child centred approach Glossary of terms Asylum seeker A person who comes to Ireland to seek the Protection of the State under the UN Convention relating to the status of refugees, 1951 and its related 1967 protocol. Conference of plenipotentiaries A group of diplomats tasked with the drafting of international instruments, in this case a convention defining the legal status of refugees in 1951 after the Second World War. Dependent relatives or family members Defined in the Refugee Act 1996 (as amended) as any grandparent, parent, brother, sister, child, grandchild, ward or guardian of the refugee who is dependent on the refugee or is suffering from a mental or physical disability to such extent that it is not reasonable for him or her to maintain himself or herself fully. European Union Directive A collective legislative act of the European Union which requires Member States to achieve a particular result without dictating the means of achieving that result. Family Reunification The process whereby recognised refugees apply to government to be joined by their families as outlined in Section 18 of the Refugee Act 1996, as amended. An adult refugee may apply to be joined by his/her spouse and minor children. A refugee under 18 may apply to be joined by his/her parents. Integration A dynamic two-way process of mutual accommodation by all immigrants and residents of the host state. It is hinged on the Common Basic Principles on Integration which were designed to promote a common European approach towards a framework for immigrant integration and to serve as a reference for the implementation and evaluation of current and future integration policies. Minor child A person who has not yet reached the legal age to be considered as adult. In Ireland, anybody under the age of 18 is considered a minor. Parent For the purpose of family reunification in Ireland, a parent is the natural or biological mother or father of a child. Refugee There are two categories of refugees in Ireland, namely the Convention Refugees who have been recognised as needing protection under the 1951 Convention and its 1967 protocol, and Programme Refugees who have been invited to Ireland and granted permission to remain by government at the request of the UNHCR, usually in response to humanitarian crises. Refugee declaration letter A letter from the Minister for Justice, Equality and Law Reform informing an applicant that he/she has been declared a refugee. Subsidiary protection Protection other than refugee status against a real risk of suffering serious harm which consists of: (a) death penalty or execution; or (b) torture or inhuman or degrading treatment or punishment of an applicant in the country of origin; or (c) serious and individual threat to a civilian s life or person by reason of indiscriminate violence in situations of international or internal armed conflict. The Refugee Information Service is a Company Limited by Guarantee Company Reg Number , Company Charitable Status Number CHY Refugee Information Service -

23 Board of Directors of the Refugee Information Service (RIS) Ben Howe Chairperson Jerry Moriarty Vice Chairperson Kevin Cronin Treasurer Sarah Ali Farah Benedicta Attoh Nadette Foley Peter Kelly Angela Long Ann Moroney Triona Nic Giolla Choille Nora Nowlan Torry Schellhorn The Company Secretary is Josephine Ahern, Director The Refugee Information Service (RIS) has commissioned and funded this report. Responsibility for it (including any errors or omissions) remains with the author. The views and opinions contained in any reports arising from this contract are those of the author's and do not necessarily reflect the views and opinions of the RIS. This report does not seek to be interpreted as a legal adice. Neither does it purport to be a legal instrument in any manner.

24 Refugee Information Service, 27 Annamoe Terrace, Dublin 7 t: f: e: info@ris.ie w: