ECJ ruling again highlights the problems that arise from slow processing of asylum applications – Matt Carthy TD

Speaking following the European Court of Justice legal opinion that the government cannot use force majeure as a reason for not accommodating asylum seekers, Sinn Féin spokesperson on Justice, Matt Carthy TD, said that the inability of the state to provide such accommodation was a direct result of the failure to process applicants through the system in a speedy manner.

Deputy Carthy added that it was not surprising that the ECJ Advocate General has rejected the government’s argument of force majeure given that the housing crisis and the problems within the asylum system are fundamentally a result of government failures.

Teachta Carthy said:

“The reason asylum seekers are sleeping on streets is down to the failings of government in managing the International Protection System.

“These failings include the delays inherent in the system due to inadequate staff and resources in place to process applications in a speedy manner. The processing times for IP applications are still too long, meaning we have people accommodated in the system for long periods, many of whom will not actually have an entitlement to remain when a decision is made.

“These failures are hugely costly and inefficient. The government itself has estimated that reducing processing times under its implementation plan for EU Asylum and Migration Pact will cut costs by 60%. The only thing stopping the government from doing this before now is its own incompetence and lack of focus.

“I am concerned that the government does not fully understand the implications of the EU Asylum and Migration Pact either for Irish sovereignty or in terms of costs and numbers.

“Given the report of the ECJ Advocate General suggests that Ireland cannot use the housing crisis as force majeure to justify failure to provide for the basic needs of international protection applicants, there needs to be far more clarity from the government. This must include the publication of the full implementation for the Pact. which it has submitted to the European Commission.

“It is not surprising that the legal opinion presented to the European Court of Justice has ruled against the government’s argument of force majeure for not accommodating asylum seekers. Neither the housing crisis nor the problems within the asylum system are outside of the control of government. They are a direct result of government failures.”