Ireland warned not to leave Syrian asylum seekers in ‘indefinite limbo’
Ireland and other European countries cannot leave Syrian asylum seekers in “indefinite limbo”, the European human rights commissioner Michael O’Flaherty has warned.
The Department of Justice said this week that the International Protection Office (IPO) would “temporarily pause the issuing of final determinations while the situation in Syria is kept under review”.
Similar pauses have been announced in the UK and other European countries, while the Austrian government has gone further in announcing the establishment of a “repatriation and deportation programme”.
In a statement yesterday, Mr O’Flaherty said: “Those whose claims for asylum remain unprocessed or suspended should not be left in indefinite limbo.
“As long as this situation persists, they should have access to adequate reception conditions and documentation. The eventual assessment of their claims must ensure a fair, individualised procedure rather than relying on general assumptions that Syria is now ‘safe’.
“Lastly, if the evolving situation in Syria prompts people to flee the country, member states should guarantee genuine and effective access to asylum procedures, protect them from refoulement, and avoid collective expulsions.”
A meeting of EU justice ministers, including Irish justice minister Helen McEntee, is set to take place tomorrow and will discuss matters relating to Syria.
Mr O’Flaherty, who made history earlier this year as the first Irish person elected to serve as the Council of Europe’s commissioner for human rights, urged governments to act “in accordance with international refugee and human rights obligations, particularly the principle of non-refoulement”.
He said: “Under the principle of non-refoulement, no individual should be sent back to a situation where they face a real risk of harm. On this basis, the rapidly changing conditions on the ground in Syria demand careful, evidence-based decisions.”
If states decide to withdraw protection from Syrians who already have refugee status, there must be safeguards and “effective judicial remedies”, he added.
There are guidelines from the UN refugee agency which set out that revocation of refugee status under the 1951 Refugee Convention requires fundamental and durable changes in the country of origin.
Mr O’Flaherty said: “This principle should also be observed for recipients of other forms of protection, including subsidiary protection under EU law. Moreover, the withdrawal of protection should not affect those who have compelling reasons stemming from past persecution that make return impossible.
“Under the European Convention on Human Rights and the case law of the European Court of Human Rights, no member state may return an individual to a place where they face a real risk to their life or a threat of torture, inhuman, or degrading treatment.
“States must also consider how return might affect family and private life, especially for Syrians who have resided in host countries for extended periods.”
The commissioner said he will “continue to closely follow this rapidly evolving situation, while calling on Council of Europe member states to assiduously respect applicable international law and good practice”.