Access to Justice for International Protection Applicants in Ireland (2024)
This peer-led research project draws on the lived experiences of International Protection Applicants accessing justice as a victim of crime in Ireland.
Executive Summary
This report provides an in-depth analysis of the experiences of International Protection Applicants (IPAs) in Ireland who have been victims of crime and their journey to access justice. Commissioned by Doras, a refugee and migrant support organisation, the research was conducted through a participatory, peer-led model to ensure that the voices of IPAs with lived experience were central to the findings. The study, which involved interviews, surveys, and focus groups, highlights significant barriers IPAs face when interacting with the criminal justice system. It outlines support gaps and provides practical recommendations for changes in policy and practice.
Research Findings
Fear of impact on claim for international protection:
This posed one of the biggest challenges for IPAs in attempting to seek justice as a victim of a crime or seeking support in general. There was a strong sense of people wishing to stay under the radar and not draw any attention to themselves out of a fear that it would impact their claim or even future applications for citizenship.
Awareness, language and interpretation:
Language difficulties, lack of knowledge of legal rights, and limited availability of interpreters pose significant barriers for IPAs. Many IPAs report feeling lost and unsupported in navigating the legal system, which prevents them from seeking justice effectively.
Distrust and Fear:
A pervasive lack of trust in An Garda Síochána (the Irish police) prevents many IPAs from reporting crimes. This mistrust is often rooted in negative interactions with law enforcement in their countries of origin, perceived discrimination in Ireland, and concerns about their claim. Cultural misunderstandings and lack of familiarity with Irish policing further discourage IPAs from reporting incidents.
Accommodation Vulnerabilities:
Living conditions in Direct Provision and emergency accommodation expose IPAs to risks, including crime, harassment, and exploitation. Overcrowding, unsafe environments, and the isolation of these facilities create additional vulnerabilities and complicate victims’ ability to access justice or seek help. The role that accommodation staff play in enabling/hindering access to justice was also highlighted.
Victims of trafficking:
This group faced additional complexities. These arose when they had been a victim of crime, including the very limited specialised supports available. Additional vulnerabilities for this group included distrust, fear, confusion, a lack of awareness of their rights and a fear of speaking about how they came to Ireland and the crimes that may have been committed on the journey or on arrival.
Gender-Based Violence:
IPAs, particularly women, face a high risk of gender-based violence, compounded by inadequate support services and a lack of culturally competent support in some cases. The stigma, fear of retaliation, and dependency on abusers deter many victims from reporting domestic or sexual violence. Women living in the Direct Provision system also face heightened risks of sexual exploitation and harassment.
Support Services:
There is very good interagency collaboration amongst the stakeholders in the support system and some examples of very high quality support services. The awareness of specialised support services did not appear to be high and some found them too difficult to access. Services are highly specialised, geographically dispersed, and there is very unequal provision of supports throughout the country. The increase in accommodation centres in areas with little history of integrating IPAs and refugees has made it challenging in some areas.
The Crime Victims Directive:
Implemented through the Criminal Justice Act (2017), it has been a positive development and work is ongoing in the roll-out and training of victim support units and victim support awareness throughout the criminal justice system. Challenges remain however with the implementation in practice and the follow-through of individual Gardaí when dealing with IPAs who have been victims of a crime.
