Priority Area 3: Justice and inclusion for migrant victims and survivors of DSGBV

Overview

To enhance justice and inclusion for migrant victims and survivors of DSGBV a number of key issues require prompt remedial action. First, dependent migrant status continues to be a major obstacle to victims of DSGBV in accessing protection and assistance. Second, fear of reporting DSGBV is common among migrant women, in case it will adversely affect their immigration status or cause them to be deported or to lose their children. Finally, there are concerns that more needs to be done to ensure recognition of all forms of DSGBV in gender-based asylum claims, including FGM, and to ensure identification of victims of trafficking, particularly for the purposes of sexual exploitation.

The Victims of Domestic Violence Immigration Guidelines (INIS 2012) allows non-EEA persons, whose status depends on someone who is abusing them, to apply for permission to stay in Ireland in their own right, at the discretion of the minister for justice. While welcome, many inadequacies of the Guidelines have been highlighted including that the application process is unduly complicated, involves lengthy delays and it does not cover “undocumented women” (Nasc 2015). Also when independent status is granted under the Guidelines it is normally at a level that does not permit economic independence (e.g., Stamp 3) and entails payment of a substantial registration fee that is unaffordable for many (AkiDwA 2022).

The fear of reporting DSGBV to the authorities was described in several interviews with migrant women for the GBV-MIG project, including Stamp 4 visa holders. “Vanessa” who came to Ireland from North Africa, married to a man from her country who was also an Irish citizen, described her first months in Ireland:

When I came here I was struggling to understand what people were saying [in English]…. I [lived with] an abusive husband…. I didn’t know that I have the right to study, to work. The only idea he gave me [was] that … they will deport me…. The deportation idea for me is a nightmare itself…. Even to search in Google…. I was scared about it…. [He hit me] a lot … and even he used to kick me out of the house … and I stayed out at night … with raining weather.

In addition to underlining the imperative of ensuring effective DSGBV information and awareness-raising in relevant languages, at each step of the migration journey, and for all immigration statuses, Vanessa’s account shows the importance of the Gardaí gaining the trust of migrant victims of DSGBV and ensuring that victims know they can report DSGBV in confidence and access support without adverse consequences for their immigration status.

The challenges of identifying and supporting victims of trafficking are immense. One representative of a migrant support organisation in the Midwest, interviewed for the GBV-MIG project, noted:

The scale of violence and exploitation that people experience is almost unbelievable…. [Clients have experienced] forced migration,… smuggling, often layers of exploitation in different countries on their way to Ireland. And they are being held somewhere for purposes of sexual exploitation while they are here…. It must be 30 percent of the women that we worked with [who] have had pregnancy and childbirth as a result of exploitation as well.

This situation is made worse by the lack of specialised accommodation and supports, even for those formally recognised as victims of trafficking who are place in direct provision.

Table 3. Justice and inclusion for migrant victims/survivors: Government obligations and commitments

 Toward an improved and inclusive policy response

The National Strategy (DOJ 2022) clearly recognises that those in need of “additional inclusion measures to address DSGBV” include migrants, refugees and international protection applicants, undocumented migrants, victims of trafficking and others “whose immigration status may prevent them from accessing a range of public services and supports” (p. 20). It also contains strong commitments (2.1.8) regarding the application of gender-specific guidelines in decisions on international and subsidiary protection (Istanbul Convention, Art. 60) and to “fill identified gaps in services” to victims/survivors of DSGBV (Art. 22).

Regarding pathways to independent immigration status for victims of DSGBV, the Victims of Domestic Violence Immigration Guidelines (INIS 2012) must be put on a statutory footing and adequately resourced to ensure prompt decisions. In addition, legal measures are needed to implement Article 59 of the Istanbul Convention, which requires victims of DSGBV whose status depends on their abuser to be given independent status regardless of the duration of the relationship (IHREC 2019, p. 5). Further, Ireland must opt-in to the EU Directive on Family Reunification, which strengthens dependent migrants’ entitlement to independent status within five years (IHREC 2017, p. 11).

The commitment to establish links between the National Strategy and the Human Trafficking Action Plan (DOJ 2016) is key to strengthening the policy response to victims of human trafficking with regard to its gender-specific aspects. Two Government promises, not yet implemented, are essential for progress in this area: first, the commitment to put the National Referral Mechanism (NRM) for victims of trafficking on a statutory footing and to expand the bodies competent to identify victims of trafficking, including ‘trusted partner’ NGOs; and, second, contained in the White Paper to End Direct Provision, to provide specialised accommodation facilities for victims of trafficking (Cunniffe & Ayodele 2022, p. xi).

Priority actions

Action 3.1 – Ensure that migrant victims/survivors reporting of DSGBV to the Gardaí or other authorities, and/or accessing related services, will not adversely affect their immigration status.

Action 3.2 – Update and put on a statutory footing the Domestic Violence Immigration Guidelines, including to: ensure that DSGBV-related independent status will afford access to employment, education, social protection and healthcare to enable independence (e.g., Stamp 4); remove the barrier of the initial registration fee; update to include coercive control; and include a pathway to regularised status for undocumented migrant victims/survivors of DSGBV.

Action 3.3 – Update and put on a statutory footing the Policy Document on Non-EEA Family Reunification (2016), including to: opt in to the EU Family Reunification Directive; and remove duration of marriage/relationship requirements where independent status is sought due to breakdown of a relationship with a sponsoring spouse/partner (per Istanbul Convention, Art. 59).

Action 3.4 – Resource the development and delivery of gender and cultural sensitivity training of Immigration Officers and Refugee Appeals Tribunal personnel, in cooperation with specialist and community-based support organisations, to ensure appropriate and systematic application of gender-specific guidelines, encompassing consideration of all forms of DSGBV, including FGM, in international protection interviews and processes at all stages.

Action 3.5 – Resource the development and delivery of timely training for migrant women, in cooperation with specialist and community-based support organisations, on their rights in seeking international protection, recognising the signs of DSGBV, and the grounds for gender-based asylum claims, encompassing different forms of DSGBV, including FGM.

Action 3.6 – Prioritise implementation of commitments to reform the NRM and provide specialised accommodation for victims of trafficking as part of links between the National Strategy and anti-trafficking plan.