It has been revealed that non-EEA nationals who are residing and working in Ireland are being excluded from social housing lists due to a "discriminatory and unconstitutional circular" which was issued by the Department of the Environment.
The department had sent a directive to all housing Directors of Service in September 2010 detailing that only immigrants with a long-term residency "stamp 4" visa were entitled to apply for social housing.
Claire McCarthy, policy and communications officer with immigrant support group NASC, stated that the circular was inaccurate on foot of legal advice facilitated by the PILA pro bono referral scheme. She also said that councils were not using discretion when dealing with people who were clearly in Ireland long-term. She said to the Irish Examiner that "the circular has been quoted to us in correspondence from Cork City Council when we wrote appealing on behalf of people who we believe have been incorrectly refused access to social housing."
She added further: "we can say with a very high degree of certainty that the rule is not in keeping with the law. We hope that the new minister for housing, when appointed, will revoke the circular, which amounts to direct institutional discrimination."
Meanwhile, a report entitled Fundamental rights of migrants in an irregular situation in the European Union was launched in late November by the European Agency for Fundamental Rights (FRA) at the Fundamental Rights Conference. The Conference attracts about 300 people from across the EU, and attendees include policy makers, practitioners and experts.
The report's findings show that irregular migrants face a number of obstacles in countries they work in such as access education and healthcare, access to justice (such as in circumstances of employer exploitation) and finding themselves in a "legal limbo" which may mean they have no official status and are unable to access basic rights.
FRA Director Morten Kjaerum said "We employ irregular migrants as cheap domestic workers to clean our homes.....but despite their contribution to our societies, when irregular migrants try to access healthcare or education services....human rights belong to all human beings. And we remain human beings even if we do not have a passport, or a visa or a residence permit."