Submission of FLAC to Joint Oireachtas Committee on Justice, Equality, Defence and Women’s Affairs. Dated 18 March 2008. FLAC is an independent human rights organisation dedicated to the realisation of equal access to justice for all. The Immigration, Residence and Protection Bill which was published on 29 January 2008 is a significant piece of legislation which will affect not just those who seek to come to live in Ireland, but a large part of existing Irish society, including long established citizens and residents. The Bill also has implications for the right of access to justice in Ireland. FLAC is focussing particularly on how this new legislation may affect the access to justice of some of the most vulnerable people in Irish society in this submission to the Joint Oireachtas Committee on Justice Equality Defence & Women’s Affairs. We are grateful for the opportunity to make this submission. We are happy to supplement any aspect of the submission through additional information or through an oral submission. FLAC has focussed on the following aspects of the Bill: Access to information; Access to an independent appeals mechanism Access to the Courts; Access to services. Within these main headings, FLAC submits the following fourteen recommendations for amendments to the Bill for the consideration of the Oireachtas: 1.
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FLAC will recommend that the Bill be amended to include rules to govern such matters as when a workers family may join them in the State. FLAC recommends that the new restrictions on access to documents relating to a protection declaration be removed, and that the Ombudsman be given power to investigate complaints about the workings of the immigration and protection mechanisms. FLAC calls on the Oireachtas to include an independent appeals mechanism for all decisions made under the Immigration, Protection and Residence legislation. FLAC would recommend that all those who can make a first instance protection application should be permitted an appeal against a negative decision. Decisions of the Protection Review Tribunal should be reported and published. Page 1 of 12
FLAC submission to Joint Oireachtas Committee on Justice, Equality, Defence & Womens Affairs. 18 March 2008.