irish immigration (1 Viewer)

irish times letters page 25/09/08 said:

Madam, - The recent case of Rev John Achebe concluded with the setting aside by the Garda National Immigration Bureau of its decision to refuse him permission to enter Ireland. That decision is, however, rendered largely meaningless for other cases by the refusal of the GNIB to disclose any of its reasons for setting aside the decision.

The decision to refuse permission to "land" involved, by all accounts to hand, asking a few cursory questions about whether Rev Achebe was a cousin or not of his host, and about whether he had enough luggage. Rev Achebe and his host both explained that in Nigeria "cousin" means a level of consanguinity that prevents endogamy.

On the basis of such responses, the GNIB - deciding that the Nigerian notion of cousin did not correspond to its notion of cousin and that Rev Achebe's trolley bag should in any case have been much bigger if it were to contain priestly vestments, etc - refused permission to land. There was to be no right of appeal or further enquiry.

Rev Achebe, who was in possession of a valid tourist visa and a number of other identity documents, was, by his own account, then brought to Cloverhill prison, denied water, denied food, denied access to a lawyer, denied medical assistance, was strip-searched in front of other prisoners and prison officers, was incarcerated with four others prisoners, sharing an open toilet where defecation is performed in the society of others, and within 24 hours was removed to Dublin Airport for deportation.

This deportation would have gone ahead except for what the GNIB openly admits was the intervention of the Nigerian ambassador, who gave various undisclosed personal assurances to the GNIB.

As Rev Achebe's solicitor, I subsequently found it impossible to obtain any articulate statement from the GNIB of any reasons for the decision to refuse him permission to enter the country, or for the setting aside of that decision. It further proved impossible to obtain the memoranda/notes, if any, on which these decisions were "grounded". All one knows is that the decision has now been set aside.

Such silent setting aside fails to exhibit any transparency, uniformity, consistency, proportionality, or openness to adversarial rational examination. The principle of the equality of persons and the principle of sufficient reason - requiring that decisions such as this, having a public consequence, be justifiable in articulate public discourse - are simply trodden underfoot.

The major difference between Rev Achebe and other tourist visa holders from Nigeria and other countries who are refused permission to enter is that the latter are deported without the possibility of any appeal or publicity. They are herded and expelled without ceremony (except for the acts of solicitude described above).

The inscrutable decisions of the GNIB at Dublin Airport (with their paraphernalia of incarceration, strip-searching, expulsion, denial of the right to be heard) are all executed clandestinely with industrial precision, timing and speed: a sort of mechanised Yeatsian rough beast that "slouches towards Bethlehem".

Where did we see this kind of thing before? - Yours, etc,

GERARD CULLEN, Solicitor, Carrick on Shannon, Co Leitrim.

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Rev Achebe and his host both explained that in Nigeria "cousin" means a level of consanguinity that prevents endogamy.

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The Scientician said:

what does endogamy mean?

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Roisin said:

According to a very drunk trainee solicitor last night, 98% of the people seeking asylum that go before the courts are deported.

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broken arm said:

I'm not surprised his position is calling the issue to attention but I wouldn't devalue the attention that it brings.

Just the other day in Cardiff there was an attempt to prevent the deportation of an artist from azerbaijan who had been living here for a few years. Basically he was arrested when he went to sign in at the immigration office, thrown into jail and his deportation arranged for a few days later. A local No-Borders group mobilised and petitioned the airline that was to deport him. The airline decided they would refuse to take him on the grounds that he will face persecution in azerbaijan. What the state did was just move along to the next airline and they assisted in the deportation.

sickening and depressing - this happens day in day out and nobody in the public has much of a clue what is going on.

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nofunchee said:

has that tactic of contacting the airline to stop them facilitating a deportation a new one?

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nofunchee said:

i've heard anecdotal evidence before that people wanting to claim asylum at entry have been refused their right to apply and been deported as soon as possible. sounds plausible. but the fact is that we aren't gonna know anything about methods and policy or about levels of abuses without some sort of transparency.

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Roisin said:

According to a very drunk trainee solicitor last night, 98% of the people seeking asylum that go before the courts are deported.

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irish times letters page 2/10/2008 said:

Need to make immigration officers accountable for their decisions
Madam, - There has been considerable media coverage recently of the behaviour of immigration officers towards foreign nationals at Dublin airport - in particular, the extremely disturbing treatment of Rev John Achebe.

Rev Achebe, despite having a valid tourist visa and other identity documents, was strip-searched in front of other prisoners and prison officers, denied access to legal counsel, forced to share a cell and open toilet with four other prisoners at Cloverhill prison and then taken back to Dublin Airport to await deportation. Had it not been for the intervention of the Nigerian Ambassador, the deportation would have gone ahead.

Many Irish people are outraged and upset that innocent visitors to our country could receive such degrading and unwarranted treatment in violation of their human rights.

We at the Irish Refugee Council of course recognise that immigration officers must be efficient and effective in carrying out their duties. However they must also at all times respect the privacy and integrity of every individual regardless of his or her nationality.

The Immigration Residence and Protection Bill 2008 is currently being debated in the Dáil. Unfortunately, rather than using this as an opportunity to make current procedures fairer and more transparent, the Minister for Justice plans to extend the powers of immigration officers. An immigration officer will be able to "detain and examine" anyone whom they "reasonably suspect to be a foreign national". There is no time limit attached to this detention nor is there any recourse to a lawyer.

Furthermore, where it appears to an immigration officer that a foreign national is unlawful, he or she can be deported without notice. This is a draconian provision in blatant violation of international law. Moreover, if someone is refused "leave to land" at a port, there is no right of appeal and generally the reason for refusal cannot be obtained. This may also affect people seeking asylum.

We call for all immigration officers to come within the remit of the Garda Síochána Ombudsman Commission so they can be held accountable for their decisions. Furthermore it is essential that detailed regulations are devised, setting out standards that immigration officers have to comply with, particularly in the area of deportations.

This is a timely opportunity for the Minister to restore faith in the Irish immigration system as the points referred to above are debated in the Committee on Justice, Equality, Defence and Women's Rights next week. This is also an opportunity for people who are interested to come along and listen to the debate. - Yours, etc,

ROBIN HANAN,

Chief Executive,

CAOIMHE SHERIDAN,

Legal Officer,

Irish Refugee Council,

Aston Quay,

Dublin 2.

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nofunchee said:

great letter in the irish times today from the solicitor of the nigerian priest who got a load of hassle off the GNIB. i'm sorry for his troubles but the fact that he's a man of status seems to be calling public attention to the practices of immigration policing in ireland. i'd be interested to know what people think about this stuff? surprised? bothered?

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nofunchee said:

another letter from the irish times:

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maims bond said:

yeah, drunk trainee solicitors know it all. Fact is between 10-15% of people gain refugee status, the others either leave (through deportation or otherwise) or apply for humanitarian leave to remain, which takes years to get a decision. Deportations: the number carried out this year is minute in comparison to the McDowell years.

The GNIB are mostly cunts with a deeply ingrained culture of disbelief. I guarantee the fact that the priest was Nigerian has a huge bearing on the way he was treated.

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nofunchee said:

great letter in the irish times today from the solicitor of the nigerian priest who got a load of hassle off the GNIB. i'm sorry for his troubles but the fact that he's a man of status seems to be calling public attention to the practices of immigration policing in ireland. i'd be interested to know what people think about this stuff? surprised? bothered?

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broken arm said:

I'm not surprised his position is calling the issue to attention but I wouldn't devalue the attention that it brings.

Just the other day in Cardiff there was an attempt to prevent the deportation of an artist from azerbaijan who had been living here for a few years. Basically he was arrested when he went to sign in at the immigration office, thrown into jail and his deportation arranged for a few days later. A local No-Borders group mobilised and petitioned the airline that was to deport him. The airline decided they would refuse to take him on the grounds that he will face persecution in azerbaijan. What the state did was just move along to the next airline and they assisted in the deportation.

sickening and depressing - this happens day in day out and nobody in the public has much of a clue what is going on.

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