Direct Provision Flashcards
(19 cards)
What is Direct Provision?
Meeting the basic needs of asylum seekers
If an asylum application is accepted, the applicant is entitled to Direct Provision, which includes:
* Accommodation in a designated
accommodation centre
* Meals
* A daily expenses allowance
* A Medical card
Asylum-seekers are dispersed throughout the country, with very little choice in where they reside
What is the legal basis for Direct Provision?
Direct Provision is based on:
Supplementary Welfare Allowance Circular 04/00 (April 2000).
Operated administratively without legislative oversight for most of its existence. Legal Uncertainty….
What were the legal reasons for its introduction?
Before 2000, asylum seekers could access mainstream social welfare and housing. However, concerns arose that this might attract more applicants (“pull factor”)
DP was introduced in order to reduce this “pull factor”
Direct Provision (DP) was introduced as a policy measure, not through legislation. Legal Uncertainty….
Policy Objectives of DP?
Cost control: Provide a uniform, centralized system instead of relying on local authorities.
Administrative efficiency: Faster and more controlled processing and accommodation of rising asylum applications.
Discourage secondary movement: Prevent asylum seekers from “welfare shopping” across EU states.
Temporary accommodation model: Meant to house applicants for 6 months, but often lasted years.
What is the Habitual Residence Condition?
Introduced under the Social Welfare Consolidation Acts, it excludes asylum-seekers from mainstream social welfare payments.
Number of community welfare officers ignored this rule (Circular 04/00)
Explicitly amended Social Welfare Consolidation Act 2005 in 2009 to bar asylum-seekers from habitual residence.
Defining Direct Provision?
CA and TA v Minister for Justice and Equality [2014]
Direct Provision “ the (cashless) provision of material support by the State” to meet basic needs
also the “prohibition on the payment of mainstream social welfare to protection
applicants”
High Court ruled that:
Direct Provision is a lawful exercise of executive power under Article 28.2 of the Constitution.
It does not infringe the separation of powers or require legislative input
What allowance will Asylum Seekers receive?
March 2019, the weekly rates of the Daily Expenses Allowance are:
* €38.80 per adult, and;
* €29.80 per child
introduced on the basis that asylum-seekers would spend no more than 6 months in reception centres.
When must a decision be made on an application?
s 39(5) of the International Protection Act 2015 obliges the International Protection Office to make a recommendation on an application to the Minister within 6 months.
- In 2023, median processing time was down to 13 months (from 18 months in 2022)
- As of 20 April 2024, 70% of 21,577 applicants had been waiting for a decision for less than 1 year
- A further 28% had been waiting for less than 2 years
What were the criticisms of Direct Provision?
CA and TA v Minister for Justice and Equality [2014]?The Court found certain practices unjustified and disproportionate, including:
Unannounced room inspections.
Monitoring presence through signing-in.
Restrictions on guests in bedrooms.
Reception Conditions Pre-2000 vs Direct Provision
2000 – 2018
Number of rights/benefits removed or abolished:
Right to Work
Child Benefit & Rent Allowance
Exclusion and isolation, designated hostels (previously there was community integration)
Criticism of Direct Provision
UN Committee on the Elimination of Racial Discrimination (March 2011)
* Expressed concerns about the health and psychological problems that asylum-seekers may face due to processing delays.
In 2001, the Irish Refugee Council reminded the government that because Ireland signed the UN Convention on the Rights of the Child, it must treat all children equally—including in things like social welfare and support.
👉 In other words, you can’t treat refugee or migrant children worse than Irish-born children.
Reiterated by FLAC in 2009
UN Independent Expert on Human Rights and Extreme Poverty (17 May 2011)
“[Direct Provision] limits the autonomy of asylum-seekers and impedes their family life…”
What does the State provide to asylum sseekers?
AO & DL v Minister for Justice, Equality and Law Reform [2003] The Court acknowledged that the State provides asylum-seekers with:
Legal advice and representation.
Social welfare or Direct Provision to meet their needs
Challenges to Direct Provision
N v Minister for Justice, Equality and Law Reform (October 2008)🧾 Facts:
35-year-old Afghan asylum seeker, with mental illness, was expelled from Direct Provision due to alleged violence.
He was homeless for 3 months, sleeping in a derelict factory.
Claimed there was no appeal process or alternative accommodation for those expelled by RIA.
⚖️ Outcome:
State settled the case.
Applicant was readmitted to a different Direct Provision centre of his choice.
Northern Ireland Challenge case
ALJ and A, B and C for Judicial Review [2013]Applicants (including children) applied for asylum in Northern Ireland after previously applying for subsidiary protection in Ireland.
UK Border Agency tried to send them back to Ireland under the Dublin Regulation.
The court considered Ireland’s low asylum recognition rates and direct provision conditions.
⚖️ Key Findings:
No systemic failure in Ireland’s asylum process was found, despite “disturbing” reports.
However, under UK law, authorities must promote the welfare of children.
👨👩👧👦 Family Welfare Considerations:
In Northern Ireland, the family could:
Live in their own home and function as a normal family.
Work and integrate, unlike in Ireland where work opportunities were limited.
What are the States other means of accommodating asylum seekers?
Historically: Mainstream welfare housing (pre-2000)
Also McMahon Report 2015, Day Report 2020 and The Government’s White Paper on Ending Direct Provision (2021)
What reform was suggested for the Direct Provision System in the McMahon Report 2015?
An increase in the Direct Provision allowance ✔
* The Right to Work ✔
* Availability of single, and/or self-catering rooms; independent cooking spaces X
* No deportation for failed asylum-seekers who spent 5 years in the system X
* Access for children transitioning to third-level X
What reform was suggested in the Day Report 2020
State-owned reception centres for 3 months Own-Door Accommodation
* Access to social assistance payments on the same basis as Irish nationals
* Right to work within 3 months
* Access to higher education on the same basis as Irish nationals
The Government’s White Paper on Ending Direct Provision (2021) Plan?
proposes:
A two-phase approach: Reception centres followed by own-door housing in the community.
Increased access to employment, education, and integration supports.
What are the challenges in reforming the DP system?
housing crises, capacity shortages, and political resistance. e.g anti-immigrant protests, Coolock situation etc.
