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A statement by Nasc

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The reported proposal to impose a blanket three-year waiting period on family reunification for people who have already been granted refugee status raises serious concerns and represents a significant departure from Ireland’s values and established approach to international protection. A measure of this kind would be unusually severe by European standards and would place Ireland among the most restrictive jurisdictions in the EU when it comes to family reunification for recognised refugees.

 When the State recognises someone as a refugee, it is making a formal legal determination under the 1951 Geneva Convention Relating to the Status of Refugees that the person has a well-founded fear of persecution and cannot avail of the protection of their country of origin.  This is a high threshold to meet. It reflects a finding that return would expose the individual to serious human rights violations, including threats to life or freedom, violence, imprisonment, torture, or other grave harm linked to a Convention ground such as race, religion, nationality, political opinion, or membership of a particular social group.

That risk is frequently shared by, or extended to, immediate family members. Since 1967 - that same Convention -has cleared stated that "the unity of the refugee's family is maintained, particularly in cases where the head of the family has fulfilled the necessary conditions for admission to a particular country". Spouses and children may face the same persecution because they share the same identity or beliefs, or they may be targeted specifically because of their relationship to the person who has fled. In many contexts, family members are used as a means of retaliation, coercion, or punishment. Delaying family reunification therefore has direct protection consequences, leaving families in prolonged situations of insecurity and exposure to real harm, rather than merely affecting integration outcomes.

Irish Ministers have repeatedly stated that it is essential that Ireland can welcome and provide for people who are refugees and have been formally recognised as such. The proposed waiting period cuts across that commitment. It does not target those whose applications for protection have been refused but instead penalises people who have already met the highest protection standard under international law and whose need for safety has been formally acknowledged by the State.

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