Remove Una McGurk from the International Protection Appeals Tribunal

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Helen McEntee, Fine Gael

Minister for Justice

Leo Varadkar, Tánaiste and Minister for Enterprise, Trade and Employment, Fine Gael

Taoiseach Micheal Martin

The Movement of Asylum Seekers in Ireland are asking supporters to email Minister for Justice Helen McEntee to ask that Una McGurk be removed from the International Protection Appeals Tribunal with immediate effect.

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The Movement of Asylum Seekers in Ireland (MASI) is deeply disturbed by the presence and participation of a member of the International Protection Appeals Tribunal (IPAT) in a rally organised by well known anti-migrant groups and individuals including the Irish Freedom Party. It is more disturbing to learn that it was Una McGurk SC who rejected an appeal from a bisexual man because she found it implausible that a person raised in an environment where social opinion and law forbid same-sex relations would have sex with a person of the same sex.

In another case, McGurk said it is not credible that a Zimbabwean man would not seek medical attention after escaping torture and refused to grant him protection. Yet we know that people have been killed in Zimbabwean hospitals.

Questions arise on Ms Una McGurk’s impartiality when assessing appeals for international protection whilst associating herself with anti-migrant groups, individuals, and attends and speaks at rallies organised by them. A quick scroll through her social media accounts reveals that her support for the Irish Freedom Party did not start this weekend.

MASI calls on the Minister to:

1. Seek an immediate suspension of Ms McGurk and report into her conduct from the Chairperson of IPAT.
2. Remove Ms McGurk from her post for a clear breach of the tribunal’s code of conduct.
3. Review any tribunal decisions made by Ms McGurk.
4. Revoke any deportation orders issued after her recommendations to the Minister (from the date of Ms McGurk’s appointment).
5. Bring back to Ireland any asylum seeker who was deported after appearing before Ms McGurk.
6. And finally, establish a commission of inquiry into the tribunal’s decisions as members seem to have an alarmingly high rejection rate.

We believe the Minister, as the only person in the State with the power to declare a person to be a refugee, has acted under biased recommendations from Ms McGurk which undermines the principle of non-refoulement and the Geneva Convention on the status of refugees. We look forward to your urgent action on this matter.

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