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Direct Provision System

Dáil Éireann Debate, Tuesday - 14 July 2020

Tuesday, 14 July 2020

Questions (898)

Jennifer Whitmore

Question:

898. Deputy Jennifer Whitmore asked the Minister for Justice and Equality if the limited time to seek employment will be extended in respect of residents in direct provision centres, taking into account the impact Covid-19 has had on finding employment due to restrictions put in place; if those who could not find employment within a certain timeframe will not be negatively impacted in relation to their asylum applications; and if she will make a statement on the matter. [15911/20]

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Written answers

In the assessment of all international protection applications each case is assessed on its own merits and each applicant is interviewed and given every opportunity to explain all the circumstances of their case and reasons why they fear returning to their country of origin. The granting or refusal of a Labour Market Access permission has no impact on the determination of an international protection application.

The European Communities (Reception Conditions) Regulations 2018, transposing the EU (Recast) Reception Conditions Directive, came into effect from 30 June 2018. The Regulations included access to the labour market for eligible international protection applicants. The Regulations provide access to both employment and to self-employment. Any applicant who has not received a first instance decision within 9 months can make an application for a labour market access permission.

If the application is successful, a labour market access permission, once granted, is valid for 6 months from the date of issue and can be renewed until a final decision is made on an applicant’s international protection application. There is no time limit or obligation for a person to seek employment while holding such a permission.

The permission expires immediately if the applicant gets a final negative decision within the six month period. If the applicant is still awaiting a first instance decision after the expiry of the six month period, the permission may be renewable. Application for a renewal of the permission must be submitted to the Labour Market Access Unit of the Immigration Service of my Department one month in advance of the expiry date.

At the end of last year, my Department commenced work on a review of access to the labour market for international protections applicants. To date, the review has involved consultation with other divisions within the Department and with some key external stakeholders such as Ibec. It also involved a review of the submissions on labour market access made to the Joint Oireachtas Committee on Justice and Equality in connection with its report on Direct Provision and the International Protection Process published in December 2019. The review is currently being finalised by my Department and I expect to receive it shortly for consideration.

Last year, Dr Catherine Day was asked to bring together an expert group with representation from asylum seekers and NGOs to examine best practice in other European States in the provision of services to international protection applicants, to examine likely longer term trends and to set out recommendations and solutions. The work of the group is advancing at pace and their report is expected by the end of September. A briefing paper on the work of the group, prepared by the Chairperson to inform programme for government talks, was recently circulated to members of both Houses of the Oireachtas by the previous Minister. This includes a list of measures, identified so far, which would immediately improve the situation of those currently in direct provision including extending the right to work. This will also inform the review mentioned above.

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