Now showing 1 - 10 of 77
  • Publication
    Ireland: Asylum Seekers and Refugees
    (Skein Press, 2018-05)
    Far from the land of one hundred thousand welcomes, Melatu Uche Okorie’s work shines a light onto issues that for far too long have been swept under the carpet. Irish society’s ability to condemn, institutionalise, and castigate persons due to differences is ever present in 2018. Ireland for generations has been a country of emigration. The experience of the emigrant has been told in word and verse; the mythical Irish emigrant emerging as pining for home, or getting along with life in their new-found land or mapping the struggles and adversities the person succumbed to or overcame. Ireland did not experience any post-World War II inward migration. It was only during the 1990s that any appreciable number of migrants came to Ireland. This question of ‘who belongs’ has been an underlying current of debates within Irish society. This was most startlingly confronted in the 2004 Citizenship Referendum. Melatu’s characters in ‘Under the awning’ discuss these questions of belonging, asking are children born in Britain, British, children born in Australia, Australians, children born in Ireland, Irish.
  • Publication
    Glossary of terms: Irish asylum law
    (Office of the Houses of the Oireachtas, 2013-11)
    A glossary of terms on Irish asylum law provided for the Cross Party Group on Direct Provision (Seanad Eireann). 
  • Publication
    Immigration & Asylum Law
    (Children's Rights Alliance and the Law Centre for Children and Young People, 2015) ;
    This chapter considers a number of discrete aspects of the Irish immigration and asylum system, with a focus on: The legal obligations on Ireland to provide a child centred protection status determination process; Immigration law and family reunification; Deportation of non-EU citizen children.  
  • Publication
    A Report on the Application of the European Convention on Human Rights Act 2003 and the European Charter of Fundamental Rights: Evaluation and Review
    (Law Society of Ireland, 2015-07) ;
    This project explores the extent that the European Convention on Human Rights (the Convention), the European Convention on Human Rights Act 2003 (the ECHR Act), and the European Charter of Fundamental Rights (the Charter) have been utilised before Irish courts and specified tribunals. The remit of this research report explores rights under these instruments that have been: Utilised in argument before Irish Superior Courts and specified tribunals, with a clear identification of the areas of law at issue, and the precise right under the ECHR Act, the Convention and the Charter, that has been argued and/or considered; Relied upon by domestic courts and tribunals in coming to their decisions; Interpreted in light of Ireland's constitutional framework. 
  • Publication
  • Publication
    A View from Outside the EU Reception Acquis: Reception Rights for Asylum Seekers in Ireland
    (Wolf Legal Publishers, 2016)
    Ireland, as a state on the periphery of Europe 'benefits' geographically from limited protection claims. Despite the small nature of the jurisdiction, it is important to reflect upon and consider the impact of EU law upon Irish domestic law. The chapter has two core aims. First, to consider the degree to which Ireland respects, protects and fulfills (or otherwise) selected reception conditions, including accommodation/shelter, the right to financial allowances, the right to work and withdrawal or reduction of reception conditions for asylum seekers. This will be analysed with respect to the political engagement upon questions on reception for asylum seekers within Ireland that assists in understanding why Ireland does not want to be formally bound by the EU's Reception Conditions Directive 2003 and/or the Recast Reception Conditions Directive 2013. Second, the role of the domestic courts in Ireland as regards challenges to Ireland's reception regime for asylum seekers and attempted reliance on European Union law, will be described and considered.
  • Publication
    Human rights law in the Republic of Ireland 2008
    (Hart Publishing, 2008)
    An overview of main developments in human rights law and policy in 2008.
  • Publication
    Direct Provision as Aftercare for Aged-Out Separated Children in Ireland
    Ireland’s approach to after-care for 'aged-out' separated children is problematic. Currently, upon reaching the age of 18, most separated young people are moved to 'direct provision', despite the fact that the State can use discretionary powers to allow them to remain in foster care. Direct provision is the system Ireland adopts providing bed and board to asylum seekers, along with a weekly monetary payment. Separated young people in Ireland are in a vulnerable position after ageing out. Entry into the direct provision system, from a legal and social work perspective, is concerning. Utilising direct provision as a 'form of aftercare' emphasises Governmental policy preferences that privilege the migrant status of aged-out separated children, as opposed to viewing this group as young people leaving care. Utilising a cross disciplinary approach, this article reviews the literature to critically analyse these issues from socio-legal and social work perspectives. This analysis will be placed in the context of primary qualitative research with experiences of separated children and young people and key stakeholders. This article concludes, that the administrative and legal approaches to aged-out separated children tend to limit the ability of the State to provide adequate aftercare supports to these young people. Ultimately, their migrant status is privileged over their status as care leavers.
  • Publication
    GS v Department for Social Development (IS) [2012] NICOM 284
    (Servicing the Legal System (SLS), 2012-09)
    The appellant was awarded Income Support from October 1990, which was later superseded to include housing costs from December 1997. In March 2008, a decision was made that the appellant no longer satisfied the conditions of entitlement to income support from 23 October 2003. In March 2010, a second decision was made that the appellant was not entitled to income support from November 2008 on the basis that he had capital in excess of the amount prescribed under Schedule 10 paragraph 8 of the Income Support (General) Regulations (NI) 1987. The Commissioner found that there were two issues that had to be examined, firstly relating to capital disregards between 2003 and 2006 and secondly, whether the appellant could be considered to have capital in excess of the prescribed limits as he may have had a chose in action against Mr. G McK.
  • Publication
    Twenty One Years of the Convention on the Rights of the Child: A Coming of Age?
    (Northern Ireland Legal Quarterly, 2011-08) ; ;
    In 2010, the Convention on the Rights of the Child (CRC)[1] reached the age of 21, and arguably, 'came of age'. The Children's Convention was not the first international instrument that attempted to protect the rights of the child however. 1924 saw the enactment of one of the first legal instruments to explicitly recognise that children, as human persons, ought to enjoy certain inalienable rights. It was recognised that children are often the first and hardest impacted upon in times of conflict or economic hardship. [1] Convention on the Rights of the Child, G.A. res. 44/25, annex, 44 U.N. GAOR Supp. (No. 49) at 167, U.N. Doc. A/44/49 (1989), entered into force Sept. 2 1990. See also, Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict.   New York, 25 May 2000. United Nations, Treaty Series, vol. 2173, p. 222 and Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography.   New York, 25 May 2000.United Nations, Treaty Series, vol. 2171, p. 227.