An asylum seeker prepares to protest outside Leinster House today and has pledged to go on a hunger strike as he seeks leave to remain in Ireland.
Nadim Hussain, who currently lives at Direct Provision in Cork, is requesting permission to stay in Ireland.
Mr Hussain has lived in Cork for three years. Last month, he received a letter from the International Protection Appeals Tribunal (IPAT) which confirmed a recommendation from the international protection officer that said he should be denied a refugee declaration as well as refugee status. subsidiary protection. Following this letter, he asks for permission to stay in Ireland.
Mr Hussain said he received the decision from IPAT within a few weeks, but was still awaiting a decision on whether to be allowed to stay in the country.
“Why don’t they give me my answer for leave to stay?” ” He asked.
Mr Hussain said he feared for his life if he were to be deported to his home country, India. He said both his parents were killed in riots in West Bengal before he arrived in Ireland in 2018.
“This is the reason why I protest, beg and beg,” he said.
âI want the leave to stay. I don’t want to go to my country. With the support of other asylum seekers, he will protest outside Leinster House today and he has pledged to go on hunger strike.
According to figures obtained by Nasc following a parliamentary question from Thomas Gould TD earlier this year, the median processing times for applications processed to their completion at the Office of International Protection in the first quarter of 2021, were 16 , 1 month for priority cases. For non-priority cases, it was 24 months.
The median wait time for decisions via IPAT as of June 30, 2021 was 10 months. As of the same date, there were over 1,600 appeals pending.
Speaking on the asylum process in Ireland, a spokesperson for Nasc said the decision timeframe for those applying for leave to stay may vary. With permission to stay, a “multitude of factors” are taken into account, and it can be difficult to “pin down” why individuals are allowed to stay.
The residence permit can be granted to people who have been refused a declaration of refuge or subsidiary protection but who are not sent home for humanitarian or other compelling reasons.
Although the Justice Department does not comment on individual immigration cases, it said each application for international protection is considered in detail on its individual merits, taking all factors into account.
According to the ministry, the process of permission to stay includes a full review of their private and family rights in accordance with the European Convention on Human Rights as well as a review of their work situation, among other issues.
“For those who are in the process of international protection, our goal is that decisions be made on their requests and the authorization to remain in consideration as soon as possible,” said a spokesperson.
âThis ensures that those who need our protection can receive it quickly and start rebuilding their lives here with a sense of safety and security. For those deemed not to be in need of international protection, a full review of all aspects of their case is considered before a deportation decision is made.
All claimants who come before the independent IPAT have their appeals assessed âon an individual, objective and impartial basisâ. This is based on âaccurate and up-to-date informationâ concerning the general situation prevailing in the applicant’s country of origin, including information contained in observations made by him or on his behalf.
Under international human rights law, the principle of non-refoulement ensures that no one should be returned to a country where he or she would be exposed to torture, cruel, inhuman or degrading treatment or punishment, and to other irreparable damage.