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Ireland
The Long Road to Justice: Driving Licences for Asylum Seekers in Ireland By Matthew O’Shea, Editor in Chief, SS Law and Business, and Liam Ó Lionáin, SS Law and Business In the recent High Court judgment of Landsberg & Breetzke v NDLS & Others, two South African asylum seekers successfully challenged the refusal of the Road Safety Authority (RSA) – acting through the National Driving Licence Service (NDLS) – to grant them full Irish driving licences. The RSA contended that the applicants could not be issued Irish driving licences as, in its view, they had failed to demonstrate that their normal residence was in Ireland. The Irish Human Rights and Equality Commission (IHREC), arguing on behalf of the applicants, submitted that the asylum seekers’ normal residence was in Ireland, irrespective of their status as asylum seekers. The IHREC relied on the wording of the Road Traffic Regulations (Licensing of Drivers) Regulations 2006, asserting that it was discriminatory to require the applicants to meet a higher standard of ‘residence’ than is required of any other person resident in Ireland. Judge Mark Heslin ruled that, as the applicants are lawfully resident in Ireland, they are eligible to receive Irish driving licenses. In coming to this decision, he considered both the pertinent EU Directive and the 2006 Act, noting that neither piece of legislation cites immigration status as a relevant factor, and focused on the absence of any requirement in the relevant legislation for a licence-seeker to have what the RSA termed “regular immigration status.” He held that the strict terms of residence afforded to asylum seekers do not make the applicants’ residence any less lawful than that of any other resident. He expressly referenced feeling “obliged” to reject the RSA’s assertions that the asylum seekers ought not be entitled to Irish driving licenses. Judge Heslin’s judgment was quite critical of the RSA’s approach, stating that the inclusion of a minimum threshold of time spent as a normal resident of Ireland would “do violence to the words used in the 2006 regulations.” He stated that “it would strain beyond breaking-point” the wording of the regulations if the applicants were compelled to demonstrate their normal residency beyond merely showing that it is not unlawful. Judge Heslin quashed the RSA’s decision not to exchange the applicants’ driving licenses for Irish ones. Reaction to the Decision This decision has been celebrated by human rights organisations across Ireland. Sinéad Gibney, Chief Commissioner of IHREC, welcomed the decision, aptly summarising the importance of driving licences as “[not] just a plastic document, it’s a tool for finding and getting to work, for bringing children to school and childcare, for visiting your friends and generally being part of society…” Gibney continued: “Despite commitments made by Government, these individuals and families have been left for too long, often in remote rural settings with limited public transport, their work, educational and social opportunities stifled. We hope that they will now be able to get on with their lives, and to pursue such opportunities without further interference.” This strong endorsement of the decision by human rights proponents makes clear the importance of these seemingly mundane documents for integration and inclusion in law and society. General Access to Justice for Asylum Seekers The decision, therefore, marks a distinctive step in the right direction in affording asylum seekers adequate protection and opportunities in Ireland. However, it also shows that there is still progress to be made. The direct provision system, under which the Government provides “support” to asylum seekers, has widely been criticised as lacking effective assistance and protection. Under the scheme, asylum seekers are entitled to a
