, 11 tweets, 3 min read Read on Twitter
There is a new Practice Direction in Asylum/Immigration JR matters in the High Court that raises serious access to justice concerns for migrants in Ireland and something which needs to be addressed to the wider legal community @flacireland @immigrationIRL @_IHREC
Practice Direction HC81 is quite thorough so i am only going to raise a few issues of concern. Smarter people than me will explain the implications better than i would as i am not a practitioner. Here is the Practice Direction
There has been a continued eroding of migrants' access to justice before the High Court over the last few years but the newest Practice Direction is wholly unreasonable and places burdens on immigration practitioners that are not placed on other practitioners in the courts
All applicants & family members are required to disclose their entire history of immigration in the State and outside of the State even if the disclosure is not relevant to the JR proceedings, which for EU citizens is a clear breach of their free movement rights.
Files could be 10+ years old, and have absolutely no bearing on the Judicial Review proceedings.
All Immigration practitioners are required to swear affidavits disclosing every relevant statement in relation to their clients immigration history in the State & outside of the State & that every statement is truthful & may be subject to perjury if such statement is untruthful
The equivalent is not required of practitioners for the State ie State Practitioners are not required to disclose statements which contradict any opposition the State may have to such proceedings exp practitioners do not have to disclose inconsistent administrative decisions
The new Practice Directions require even more stamp duty payments to initiate Judicial Review proceedings, another further practical barrier to access to justice for migrants. No legal aid available to applicants to cover such costs
The new Practice Direction requires ALL documents to be translated if the applicant does not have English as their first language. Files can be hundreds of pages long. Again, no legal aid available to applicants to cover such costs.
These are merely a small sample of issues in the new Practice Direction. There are genuine concerns about access to justice being denied to migrants. It is discriminatory, it treats immigration practitioners as less honest that other practitioners.
The Practice Direction requirements are also a breach of EU Free Movement Laws
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